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sb19_07_EN
(136th General Assembly)
(Substitute
Senate Bill Number 19)
AN
ACT
To amend sections 3301.079,
3301.0714, 3301.0715, 3302.03, 3302.07, 3302.13, 3310.41, 3313.6028,
3313.90, 3314.03, 3317.25, 3317.28, 3324.10, and 3326.11; to enact
new section 3313.6032 and sections 3301.0734, 3302.131, 3313.476,
3313.6034, 3319.2214, and 3319.2311; and to repeal section 3313.6032
of the Revised Code with regard to academic intervention services at
public schools, the list of approved diagnostic assessments, state
achievement assessments, career-technical education for home-educated
students, the presentation of information by youth organizations, and
community schools of quality designations.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 3301.079, 3301.0714, 3301.0715, 3302.03, 3302.07, 3302.13,
3310.41, 3313.6028, 3313.90, 3314.03, 3317.25
,
3317.28
,
3324.10, and 3326.11 be amended and new section 3313.6032 and
sections 3301.0734, 3302.131, 3313.476, 3313.6034, 3319.2214, and
3319.2311 of the Revised Code be enacted to read as follows:
Sec.
3301.079.
(A)(1)
The department of education and workforce periodically shall adopt
statewide academic standards with emphasis on coherence, focus, and
essential knowledge and that are more challenging and demanding when
compared to international standards for each of grades kindergarten
through twelve in English language arts, mathematics, science, and
social studies.
(a)
The department shall ensure that the standards do all of the
following:
(i)
Include the essential academic content and skills that students are
expected to know and be able to do at each grade level that will
allow each student to be prepared for postsecondary instruction and
the workplace for success in the twenty-first century;
(ii)
Include the development of skill sets that promote information,
media, and technological literacy;
(iii)
Include interdisciplinary, project-based, real-world learning
opportunities;
(iv)
Instill life-long learning by providing essential knowledge and
skills based in the liberal arts tradition, as well as science,
technology, engineering, mathematics, and career-technical education;
(v)
Be clearly written, transparent, and understandable by parents,
educators, and the general public.
(b)
The department shall incorporate into the social studies standards
for grades four to twelve academic content regarding the original
texts of the Declaration of Independence, the Northwest Ordinance,
the Constitution of the United States and its amendments, with
emphasis on the Bill of Rights, and the Ohio Constitution, and their
original context. The department shall revise the model curricula and
achievement assessments adopted under divisions (B) and (C) of this
section as necessary to reflect the additional American history and
American government content. The department shall make available a
list of suggested grade-appropriate supplemental readings that place
the documents prescribed by this division in their historical
context, which teachers may use as a resource to assist students in
reading the documents within that context.
(c)
When the department adopts or revises academic content standards in
social studies, American history, American government, or science
under division (A)(1) of this section, it shall develop such
standards independently and not as part of a multistate consortium.
(2)(a)
After completing the standards required by division (A)(1) of this
section, the department shall adopt standards and model curricula for
instruction in technology, financial literacy and entrepreneurship,
fine arts, and foreign language for grades kindergarten through
twelve. The standards shall meet the same requirements prescribed in
division (A)(1)(a) of this section.
(b)
The department shall incorporate into the standards and model
curriculum for financial literacy and entrepreneurship for grades
nine through twelve academic content regarding free market
capitalism. The academic content shall include all of the following
concepts related to free market capitalism:
(i)
Raw materials, labor, and capital, the three classical factors of
economic production, are privately owned.
(ii)
Individuals control their own ability to work, earn wages, and obtain
skills to earn and increase wages.
(iii)
Private ownership of capital may include a sole proprietorship, a
family business, a publicly traded corporation, a group of private
investors, or a bank.
(iv)
Markets aggregate the exchange of goods and services throughout the
world. Market prices are the only way to convey so much constantly
changing information about the supply of goods and services, and the
demand for them, for consumers and producers to make informed
economic decisions for themselves.
(v)
Wealth is created by providing goods and services that people value
at a profit, and both sellers and buyers seek to profit in some way
in a free market transaction. Thus, profit earned through
transactions can be consumed, saved, reinvested in the business, or
dispersed to shareholders.
(vi)
Wealth creation involves asset value appreciation and depreciation,
voluntary exchange of equity ownership, and open and closed markets.
(vii)
The free market is driven by, and tends to produce, entrepreneurship
and innovation.
(viii)
The free market can include side effects and market failures where at
least part of the cost of the transaction, including producing,
transporting, selling, or buying, is born by others outside of the
transaction.
(ix)
The political features of the free market, including legally
protected property rights, legally enforceable contracts, patent
protections, and the mitigation of side effects and market failures;
(x)
Societies that embrace the free market often embrace political and
personal freedom as well.
(3)
The department shall adopt the most recent standards developed by the
national association for sport and physical education for physical
education in grades kindergarten through twelve or shall adopt its
own standards for physical education in those grades and revise and
update them periodically.
The
department shall employ a full-time physical education coordinator to
provide guidance and technical assistance to districts, community
schools, and STEM schools in implementing the physical education
standards adopted under this division. The director of education and
workforce shall determine that the person employed as coordinator is
qualified for the position, as demonstrated by possessing an adequate
combination of education, license, and experience.
(4)
The department shall update the standards and model curriculum for
instruction in computer science in grades kindergarten through
twelve, which shall include standards for introductory and advanced
computer science courses in grades nine through twelve. When
developing the standards and curriculum, the department shall
consider recommendations from computer science education stakeholder
groups, including teachers and representatives from higher education,
industry, computer science organizations in Ohio, and national
computer science organizations.
Any
district or school may utilize the computer science standards or
model curriculum or any part thereof adopted pursuant to division
(A)(4) of this section. However, no district or school shall be
required to utilize all or any part of the standards or curriculum.
(5)
When academic standards have been completed for any subject area
required by this section, the department shall inform all school
districts, all community schools established under Chapter 3314. of
the Revised Code, all STEM schools established under Chapter 3326. of
the Revised Code, and all nonpublic schools required to administer
the assessments prescribed by sections 3301.0710 and 3301.0712 of the
Revised Code of the content of those standards. Additionally, upon
completion of any academic standards under this section, the
department shall post those standards on the department's web site.
(B)(1)
The department shall adopt a model curriculum for instruction in each
subject area for which updated academic standards are required by
division (A)(1) of this section and for each of grades kindergarten
through twelve that is sufficient to meet the needs of students in
every community. The model curriculum shall be aligned with the
standards, to ensure that the academic content and skills specified
for each grade level are taught to students, and shall demonstrate
vertical articulation and emphasize coherence, focus, and rigor. When
any model curriculum has been completed, the department shall inform
all school districts, community schools, and STEM schools of the
content of that model curriculum.
(2)
The department, in consultation with the governor's office of
workforce transformation, shall adopt model curricula for grades
kindergarten through twelve that embed career connection learning
strategies into regular classroom instruction.
(3)
All school districts, community schools, and STEM schools may utilize
the state standards and the model curriculum established by the
department, together with other relevant resources, examples, or
models to ensure that students have the opportunity to attain the
academic standards. Upon request, the department shall provide
technical assistance to any district, community school, or STEM
school in implementing the model curriculum.
Nothing
in this section requires any school district to utilize all or any
part of a model curriculum developed under this section.
(C)
The department shall develop achievement assessments aligned with the
academic standards and model curriculum for each of the subject areas
and grade levels required by divisions (A)(1) and (B)(1) of section
3301.0710 of the Revised Code.
When
any achievement assessment has been completed, the department shall
inform all school districts, community schools, STEM schools, and
nonpublic schools required to administer the assessment of its
completion, and the department shall make the achievement assessment
available to the districts and schools.
(D)(1)
Not
later than June 30, 2026, the
The
department
shall
do
both of the following:
(a)
Adopt a diagnostic assessment aligned with the academic standards for
each of grades kindergarten to three in reading;
(b)
Approve
approve
a
list of up to
five
six
diagnostic
assessments aligned with the academic standards for each of grades
kindergarten to three for
both
reading
and mathematics
.
The
approved diagnostic assessments shall be inclusive of all grades
kindergarten to three.
The
department's list of approved diagnostic assessments
for
reading shall
may
include
the
three reading diagnostic
assessments
that
were
approved by the department for use as comparable tools for purposes
of division (B)(1) of section 3313.608 of the Revised Code, as it
existed prior to the effective date of this amendment, and are most
widely used by public schools in the state
are
computer-based and provide results to teachers immediately after test
administration
.
Diagnostic
assessments for reading that are developed by the same provider and
that share a common scale, report performance based on the same
scale, and use norms based on students who took one or more of the
provider's reading diagnostic assessments for grades kindergarten to
three shall be considered an inclusive assessment system.
(2)
The
department shall approve a list of up to five diagnostic assessments
aligned with the academic standards for each of grades kindergarten
to three for mathematics. The approved diagnostic assessments shall
be inclusive of all grades kindergarten to three. The department's
list of approved diagnostic assessments may include assessments that
are computer-based and provide results to teachers immediately after
test administration.
On
the effective date of this amendment, the department shall add a
sixth assessment to the approved list of mathematic diagnostic
assessments. The additional assessment shall be the assessment that
scored the sixth highest in the department's most recent evaluation
of diagnostic assessments.
Diagnostic
assessments for mathematics that are developed by the same provider
and that share a common scale, report performance based on the same
scale, and use norms based on students who took one or more of the
provider's mathematics diagnostic assessments for grades kindergarten
to three shall be considered an inclusive assessment system.
(3)
Each
diagnostic assessment
adopted
or
approved
under
division
divisions
(D)(1)
and
(2)
of
this section shall be designed to measure student comprehension of
academic content and mastery of related skills for the relevant
subject area and grade level. The diagnostic assessment for reading
shall be designed to measure student comprehension of foundational
reading skills aligned to the science of reading.
Any
diagnostic assessment adopted by the department shall not include
components to identify gifted students.
Blank copies of diagnostic assessments shall be public records.
(3)
(4)
School
districts shall administer a diagnostic assessment in reading and
mathematics
adopted
or
approved
by the department pursuant to section 3301.0715 of the Revised Code
beginning in the 2026-2027 school year
.
(E)
The department shall not adopt a diagnostic or achievement assessment
for any grade level or subject area other than those specified in
this section.
(F)
Whenever the department consults with persons for the purpose of
drafting or reviewing any standards, diagnostic assessments,
achievement assessments, or model curriculum required under this
section, the department shall first consult with parents of students
in kindergarten through twelfth grade and with active Ohio classroom
teachers, other school personnel, and administrators with expertise
in the appropriate subject area. Whenever practicable, the department
shall consult with teachers recognized as outstanding in their
fields.
If
the department contracts with more than one outside entity for the
development of the achievement assessments required by this section,
the department shall ensure the interchangeability of those
assessments.
(G)
Whenever the department adopts standards or model curricula under
this section, the department also shall provide information on the
use of blended, online, or digital learning in the delivery of the
standards or curricula to students in accordance with division (A)(5)
of this section.
(H)
The fairness sensitivity review committee of the department shall not
allow any question on any achievement or diagnostic assessment
developed under this section or any proficiency test prescribed by
former section 3301.0710 of the Revised Code, as it existed prior to
September 11, 2001, to include, be written to promote, or inquire as
to individual moral or social values or beliefs. The decision of the
committee shall be final. This section does not create a private
cause of action.
(I)
Not later than sixty days prior to the adoption of updated academic
standards under division (A)(1) of this section or updated model
curricula under division (B)(1) of this section, the director of
education and workforce shall present the academic standards or model
curricula, as applicable, in person at a public hearing of the
respective committees of the house of representatives and senate that
consider education legislation.
(J)
As used in this section:
(1)
"Blended learning" means the delivery of instruction in a
combination of time primarily in a supervised physical location away
from home and online delivery whereby the student has some element of
control over time, place, path, or pace of learning and includes
noncomputer-based learning opportunities.
(2)
"Online learning" means students work primarily from their
residences on assignments delivered via an internet- or other
computer-based instructional method.
(3)
"Coherence" means a reflection of the structure of the
discipline being taught.
(4)
"Digital learning" means learning facilitated by technology
that gives students some element of control over time, place, path,
or pace of learning.
(5)
"Focus" means limiting the number of items included in a
curriculum to allow for deeper exploration of the subject matter.
(6)
"Vertical articulation" means key academic concepts and
skills associated with mastery in particular content areas should be
articulated and reinforced in a developmentally appropriate manner at
each grade level so that over time students acquire a depth of
knowledge and understanding in the core academic disciplines.
Sec.
3301.0714.
(A)
The department of education and workforce shall adopt rules for a
statewide education management information system. The rules shall
require the department to establish guidelines for the establishment
and maintenance of the system in accordance with this section and the
rules adopted under this section. The guidelines shall include:
(1)
Standards identifying and defining the types of data in the system in
accordance with divisions (B) and (C) of this section;
(2)
Procedures for annually collecting and reporting the data to the
department in accordance with division (D) of this section;
(3)
Procedures for annually compiling the data in accordance with
division (G) of this section;
(4)
Procedures for annually reporting the data to the public in
accordance with division (H) of this section;
(5)
Standards to provide strict safeguards to protect the confidentiality
of personally identifiable student data.
(B)
The guidelines adopted under this section shall require the data
maintained in the education management information system to include
at least the following:
(1)
Student participation and performance data, for each grade in each
school district as a whole and for each grade in each school building
in each school district, that includes:
(a)
The numbers of students receiving each category of instructional
service offered by the school district, such as regular education
instruction, vocational education instruction, specialized
instruction programs or enrichment instruction that is part of the
educational curriculum, instruction for gifted students, instruction
for students with disabilities, and remedial instruction. The
guidelines shall require instructional services under this division
to be divided into discrete categories if an instructional service is
limited to a specific subject, a specific type of student, or both,
such as regular instructional services in mathematics, remedial
reading instructional services, instructional services specifically
for students gifted in mathematics or some other subject area, or
instructional services for students with a specific type of
disability. The categories of instructional services required by the
guidelines under this division shall be the same as the categories of
instructional services used in determining cost units pursuant to
division (C)(3) of this section.
(b)
The numbers of students receiving support or extracurricular services
for each of the support services or extracurricular programs offered
by the school district, such as counseling services, health services,
and extracurricular sports and fine arts programs. The categories of
services required by the guidelines under this division shall be the
same as the categories of services used in determining cost units
pursuant to division (C)(4)(a) of this section.
(c)
Average student grades in each subject in grades nine through twelve;
(d)
Academic achievement levels as assessed under sections 3301.0710,
3301.0711, and 3301.0712 of the Revised Code;
(e)
The number of students designated as having a disabling condition
pursuant to division (C)(1) of section 3301.0711 of the Revised Code;
(f)
The numbers of students reported to the department pursuant to
division (C)(2) of section 3301.0711 of the Revised Code;
(g)
Attendance rates and the average daily attendance for the year. For
purposes of this division, a student shall be counted as present for
any field trip that is approved by the school administration.
(h)
Expulsion rates;
(i)
Suspension rates;
(j)
Dropout rates;
(k)
Rates of retention in grade;
(l)
For pupils in grades nine through twelve, the average number of
carnegie units, as calculated in accordance with the director's
rules;
(m)
Graduation rates, to be calculated in a manner specified by the
department that reflects the rate at which students who were in the
ninth grade three years prior to the current year complete school and
that is consistent with nationally accepted reporting requirements;
(n)
Results of diagnostic assessments described in division (A)(1) of
section 3301.0715 of the Revised Code;
(o)
The number of students earning each state diploma seal included in
the system prescribed under division (A) of section 3313.6114 of the
Revised Code;
(p)
The number of students demonstrating competency for graduation using
each option described in divisions (B)(1)(a) to (d) of section
3313.618 of the Revised Code;
(q)
The number of students completing each foundational and supporting
option as part of the demonstration of competency for graduation
pursuant to division (B)(1)(b) of section 3313.618 of the Revised
Code;
(r)
The number of students enrolled in all-day kindergarten, as defined
in section 3321.05 of the Revised Code.
(2)
Personnel and classroom enrollment data for each school district,
including:
(a)
The total numbers of licensed employees and nonlicensed employees and
the numbers of full-time equivalent licensed employees and
nonlicensed employees providing each category of instructional
service, instructional support service, and administrative support
service used pursuant to division (C)(3) of this section. The
guidelines adopted under this section shall require these categories
of data to be maintained for the school district as a whole and,
wherever applicable, for each grade in the school district as a
whole, for each school building as a whole, and for each grade in
each school building.
(b)
The total number of employees and the number of full-time equivalent
employees providing each category of service used pursuant to
divisions (C)(4)(a) and (b) of this section, and the total numbers of
licensed employees and nonlicensed employees and the numbers of
full-time equivalent licensed employees and nonlicensed employees
providing each category used pursuant to division (C)(4)(c) of this
section. The guidelines adopted under this section shall require
these categories of data to be maintained for the school district as
a whole and, wherever applicable, for each grade in the school
district as a whole, for each school building as a whole, and for
each grade in each school building.
(c)
The total number of regular classroom teachers teaching classes of
regular education and the average number of pupils enrolled in each
such class, in each of grades kindergarten through five in the
district as a whole and in each school building in the school
district.
(d)
The number of lead teachers employed by each school district and each
school building.
(3)(a)
Student demographic data for each school district, including
information regarding the gender ratio of the school district's
pupils, the racial make-up of the school district's pupils, the
number of English learners in the district, and an appropriate
measure of the number of the school district's pupils who reside in
economically disadvantaged households. The demographic data shall be
collected in a manner to allow correlation with data collected under
division (B)(1) of this section. Categories for data collected
pursuant to division (B)(3) of this section shall conform, where
appropriate, to standard practices of agencies of the federal
government.
(b)
With respect to each student entering kindergarten, whether the
student previously participated in a public preschool program, a
private preschool program, or a head start program, and the number of
years the student participated in each of these programs.
(4)(a)
The core curriculum and instructional materials being used for
English language arts in each of grades pre-kindergarten to five;
(b)
The reading intervention programs being used in each of grades
pre-kindergarten to twelve.
(5)
(5)(a)
The core curriculum and instructional materials being used for
mathematics in each of grades kindergarten to twelve;
(b)
The mathematics intervention programs being used in each of grades
kindergarten to twelve.
(6)
Any data required to be collected pursuant to federal law.
(C)
The education management information system shall include cost
accounting data for each district as a whole and for each school
building in each school district. The guidelines adopted under this
section shall require the cost data for each school district to be
maintained in a system of mutually exclusive cost units and shall
require all of the costs of each school district to be divided among
the cost units. The guidelines shall require the system of mutually
exclusive cost units to include at least the following:
(1)
Administrative costs for the school district as a whole. The
guidelines shall require the cost units under this division (C)(1) to
be designed so that each of them may be compiled and reported in
terms of average expenditure per pupil in enrolled ADM in the school
district, as determined pursuant to section 3317.03 of the Revised
Code.
(2)
Administrative costs for each school building in the school district.
The guidelines shall require the cost units under this division
(C)(2) to be designed so that each of them may be compiled and
reported in terms of average expenditure per full-time equivalent
pupil receiving instructional or support services in each building.
(3)
Instructional services costs for each category of instructional
service provided directly to students and required by guidelines
adopted pursuant to division (B)(1)(a) of this section. The
guidelines shall require the cost units under division (C)(3) of this
section to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil receiving the
service in the school district as a whole and average expenditure per
pupil receiving the service in each building in the school district
and in terms of a total cost for each category of service and, as a
breakdown of the total cost, a cost for each of the following
components:
(a)
The cost of each instructional services category required by
guidelines adopted under division (B)(1)(a) of this section that is
provided directly to students by a classroom teacher;
(b)
The cost of the instructional support services, such as services
provided by a speech-language pathologist, classroom aide, multimedia
aide, or librarian, provided directly to students in conjunction with
each instructional services category;
(c)
The cost of the administrative support services related to each
instructional services category, such as the cost of personnel that
develop the curriculum for the instructional services category and
the cost of personnel supervising or coordinating the delivery of the
instructional services category.
(4)
Support or extracurricular services costs for each category of
service directly provided to students and required by guidelines
adopted pursuant to division (B)(1)(b) of this section. The
guidelines shall require the cost units under division (C)(4) of this
section to be designed so that each of them may be compiled and
reported in terms of average expenditure per pupil receiving the
service in the school district as a whole and average expenditure per
pupil receiving the service in each building in the school district
and in terms of a total cost for each category of service and, as a
breakdown of the total cost, a cost for each of the following
components:
(a)
The cost of each support or extracurricular services category
required by guidelines adopted under division (B)(1)(b) of this
section that is provided directly to students by a licensed employee,
such as services provided by a guidance counselor or any services
provided by a licensed employee under a supplemental contract;
(b)
The cost of each such services category provided directly to students
by a nonlicensed employee, such as janitorial services, cafeteria
services, or services of a sports trainer;
(c)
The cost of the administrative services related to each services
category in division (C)(4)(a) or (b) of this section, such as the
cost of any licensed or nonlicensed employees that develop,
supervise, coordinate, or otherwise are involved in administering or
aiding the delivery of each services category.
(D)(1)
The guidelines adopted under this section shall require school
districts to collect information about individual students, staff
members, or both in connection with any data required by division (B)
or (C) of this section or other reporting requirements established in
the Revised Code. The guidelines may also require school districts to
report information about individual staff members in connection with
any data required by division (B) or (C) of this section or other
reporting requirements established in the Revised Code. The
guidelines shall not authorize school districts to request social
security numbers of individual students. The guidelines shall
prohibit the reporting under this section of a student's name,
address, and social security number to the department. The guidelines
shall also prohibit the reporting under this section of any
personally identifiable information about any student, except for the
purpose of assigning the data verification code required by division
(D)(2) of this section, to any other person unless such person is
employed by the school district or the information technology center
operated under section 3301.075 of the Revised Code and is authorized
by the district or technology center to have access to such
information or is employed by an entity with which the department
contracts for the scoring or the development of state assessments.
The guidelines may require school districts to provide the social
security numbers of individual staff members and the county of
residence for a student. Nothing in this section prohibits the
department from providing a student's county of residence to the
department of taxation to facilitate the distribution of tax revenue.
(2)(a)
The guidelines shall provide for each school district or community
school to assign a data verification code that is unique on a
statewide basis over time to each student whose initial Ohio
enrollment is in that district or school and to report all required
individual student data for that student utilizing such code. The
guidelines shall also provide for assigning data verification codes
to all students enrolled in districts or community schools on the
effective date of the guidelines established under this section. The
assignment of data verification codes for other entities, as
described in division (D)(2)(d) of this section, the use of those
codes, and the reporting and use of associated individual student
data shall be coordinated by the department of education and
workforce in accordance with state and federal law.
School
districts shall report individual student data to the department
through the information technology centers utilizing the code. The
entities described in division (D)(2)(d) of this section shall report
individual student data to the department in the manner prescribed by
the department.
(b)(i)
Except as provided in sections 3301.941, 3310.11, 3310.42, 3310.63,
3313.978, 3317.20, and 5747.057 of the Revised Code, and in division
(D)(2)(b)(ii) of this section, at no time shall the department have
access to information that would enable any data verification code to
be matched to personally identifiable student data.
(ii)
For the purpose of making per-pupil payments to community schools
under section 3317.022 of the Revised Code, the department shall have
access to information that would enable any data verification code to
be matched to personally identifiable student data.
(c)
Each school district and community school shall ensure that the data
verification code is included in the student's records reported to
any subsequent school district, community school, or state
institution of higher education, as defined in section 3345.011 of
the Revised Code, in which the student enrolls. Any such subsequent
district or school shall utilize the same identifier in its reporting
of data under this section.
(d)(i)
The director of any state agency that administers a publicly funded
program providing services to children who are younger than
compulsory school age, as defined in section 3321.01 of the Revised
Code, including the directors of health, job and family services,
mental
health and addiction services
behavioral
health
,
children and youth, and developmental disabilities, shall request and
receive, pursuant to sections 3301.0723 and 5180.33 of the Revised
Code, a data verification code for a child who is receiving those
services.
(ii)
The director of developmental disabilities, director of health,
director of job and family services, director of children and youth,
director of
mental
health and addiction services
behavioral
health
,
medicaid director, executive director of the commission on minority
health, executive director of the opportunities for Ohioans with
disabilities agency, or director of education and workforce, on
behalf of a program that receives public funds and provides services
to children who are younger than compulsory school age, may request
and receive, pursuant to section 3301.0723 of the Revised Code, a
data verification code for a child who is receiving services from the
program.
(E)
The guidelines adopted under this section may require school
districts to collect and report data, information, or reports other
than that described in divisions (A), (B), and (C) of this section
for the purpose of complying with other reporting requirements
established in the Revised Code. The other data, information, or
reports may be maintained in the education management information
system but are not required to be compiled as part of the profile
formats required under division (G) of this section or the annual
statewide report required under division (H) of this section.
(F)
The board of education of each school district shall annually collect
and report to the department, in accordance with the guidelines
established by the department, the data required pursuant to this
section. A school district may collect and report these data
notwithstanding section 2151.357 or 3319.321 of the Revised Code.
(G)
The department shall, in accordance with the procedures it adopts,
annually compile the data reported by each school district pursuant
to division (D) of this section. The department shall design formats
for profiling each school district as a whole and each school
building within each district and shall compile the data in
accordance with these formats. These profile formats shall:
(1)
Include all of the data gathered under this section in a manner that
facilitates comparison among school districts and among school
buildings within each school district;
(2)
Present the data on academic achievement levels as assessed by the
testing of student achievement maintained pursuant to division
(B)(1)(d) of this section.
(H)(1)
The department shall, in accordance with the procedures it adopts,
annually prepare a statewide report for all school districts and the
general public that includes the profile of each of the school
districts developed pursuant to division (G) of this section. Copies
of the report shall be sent to each school district.
(2)
The department shall, in accordance with the procedures it adopts,
annually prepare an individual report for each school district and
the general public that includes the profiles of each of the school
buildings in that school district developed pursuant to division (G)
of this section.
(I)
Any data that is collected or maintained pursuant to this section and
that identifies an individual pupil is not a public record for the
purposes of section 149.43 of the Revised Code.
(J)
As used in this section:
(1)
"School district" means any city, local, exempted village,
or joint vocational school district and, in accordance with section
3314.17 of the Revised Code, any community school. As used in
division (L) of this section, "school district" also
includes any educational service center or other educational entity
required to submit data using the system established under this
section.
(2)
"Cost" means any expenditure for operating expenses made by
a school district excluding any expenditures for debt retirement
except for payments made to any commercial lending institution for
any loan approved pursuant to section 3313.483 of the Revised Code.
(K)
Any person who removes data from the information system established
under this section for the purpose of releasing it to any person not
entitled under law to have access to such information is subject to
section 2913.42 of the Revised Code prohibiting tampering with data.
(L)(1)
In accordance with division (L)(2) of this section and the rules
adopted under division (L)(10) of this section, the department may
sanction any school district that reports incomplete or inaccurate
data, reports data that does not conform to data requirements and
descriptions published by the department, fails to report data in a
timely manner, or otherwise does not make a good faith effort to
report data as required by this section.
(2)
If the department decides to sanction a school district under this
division, the department shall take the following sequential actions:
(a)
Notify the district in writing that the department has determined
that data has not been reported as required under this section and
require the district to review its data submission and submit
corrected data by a deadline established by the department. The
department also may require the district to develop a corrective
action plan, which shall include provisions for the district to
provide mandatory staff training on data reporting procedures.
(b)
Withhold up to ten per cent of the total amount of state funds due to
the district for the current fiscal year and, if not previously
required under division (L)(2)(a) of this section, require the
district to develop a corrective action plan in accordance with that
division;
(c)
Withhold an additional amount of up to twenty per cent of the total
amount of state funds due to the district for the current fiscal
year;
(d)
Direct department staff or an outside entity to investigate the
district's data reporting practices and make recommendations for
subsequent actions. The recommendations may include one or more of
the following actions:
(i)
Arrange for an audit of the district's data reporting practices by
department staff or an outside entity;
(ii)
Conduct a site visit and evaluation of the district;
(iii)
Withhold an additional amount of up to thirty per cent of the total
amount of state funds due to the district for the current fiscal
year;
(iv)
Continue monitoring the district's data reporting;
(v)
Assign department staff to supervise the district's data management
system;
(vi)
Conduct an investigation to determine whether to suspend or revoke
the license of any district employee in accordance with division (N)
of this section;
(vii)
If the district is issued a report card under section 3302.03 of the
Revised Code, indicate on the report card that the district has been
sanctioned for failing to report data as required by this section;
(viii)
If the district is issued a report card under section 3302.03 of the
Revised Code and incomplete or inaccurate data submitted by the
district likely caused the district to receive a higher performance
rating than it deserved under that section, issue a revised report
card for the district;
(ix)
Any other action designed to correct the district's data reporting
problems.
(3)
Any time the department takes an action against a school district
under division (L)(2) of this section, the department shall make a
report of the circumstances that prompted the action. The department
shall send a copy of the report to the district superintendent or
chief administrator and maintain a copy of the report in its files.
(4)
If any action taken under division (L)(2) of this section resolves a
school district's data reporting problems to the department's
satisfaction, the department shall not take any further actions
described by that division. If the department withheld funds from the
district under that division, the department may release those funds
to the district, except that if the department withheld funding under
division (L)(2)(c) of this section, the department shall not release
the funds withheld under division (L)(2)(b) of this section and, if
the department withheld funding under division (L)(2)(d) of this
section, the department shall not release the funds withheld under
division (L)(2)(b) or (c) of this section.
(5)
Notwithstanding anything in this section to the contrary, the
department may use its own staff or an outside entity to conduct an
audit of a school district's data reporting practices any time the
department has reason to believe the district has not made a good
faith effort to report data as required by this section. If any audit
conducted by an outside entity under division (L)(2)(d)(i) or (5) of
this section confirms that a district has not made a good faith
effort to report data as required by this section, the district shall
reimburse the department for the full cost of the audit. The
department may withhold state funds due to the district for this
purpose.
(6)
Prior to issuing a revised report card for a school district under
division (L)(2)(d)(viii) of this section, the department may hold a
hearing to provide the district with an opportunity to demonstrate
that it made a good faith effort to report data as required by this
section. The hearing shall be conducted by a referee appointed by the
department. Based on the information provided in the hearing, the
referee shall recommend whether the department should issue a revised
report card for the district. If the referee affirms the department's
contention that the district did not make a good faith effort to
report data as required by this section, the district shall bear the
full cost of conducting the hearing and of issuing any revised report
card.
(7)
If the department determines that any inaccurate data reported under
this section caused a school district to receive excess state funds
in any fiscal year, the district shall reimburse the department an
amount equal to the excess funds, in accordance with a payment
schedule determined by the department. The department may withhold
state funds due to the district for this purpose.
(8)
Any school district that has funds withheld under division (L)(2) of
this section may appeal the withholding in accordance with Chapter
119. of the Revised Code.
(9)
In all cases of a disagreement between the department and a school
district regarding the appropriateness of an action taken under
division (L)(2) of this section, the burden of proof shall be on the
district to demonstrate that it made a good faith effort to report
data as required by this section.
(10)
The director of education and workforce shall adopt rules under
Chapter 119. of the Revised Code to implement division (L) of this
section.
(M)
No information technology center or school district shall acquire,
change, or update its student administration software package to
manage and report data required to be reported to the department
unless it converts to a student software package that is certified by
the department.
(N)
The state board of education, in accordance with sections 3319.31 and
3319.311 of the Revised Code, may suspend or revoke a license as
defined under division (A) of section 3319.31 of the Revised Code
that has been issued to any school district employee found to have
willfully reported erroneous, inaccurate, or incomplete data to the
education management information system.
(O)
No person shall release or maintain any information about any student
in violation of this section. Whoever violates this division is
guilty of a misdemeanor of the fourth degree.
(P)
If the department cannot compile any of the information required by
division (I) of section 3302.03 of the Revised Code based upon the
data collected under this section, the department shall develop a
plan and a reasonable timeline for the collection of any data
necessary to comply with that division.
Sec.
3301.0715.
(A)(1)
The board of education of each city, local, and exempted village
school district shall administer a diagnostic assessment in reading
and mathematics adopted or approved in accordance with section
3301.079 of the Revised Code to the following:
(a)
Each student enrolled in kindergarten, first, second, or third grade.
(b)
Any student who transfers into the district or to a different school
within the district if each applicable diagnostic assessment was not
administered by the district or school the student previously
attended in the current school year, within thirty days after the
date of transfer. If the district or school into which the student
transfers cannot determine whether the student has taken any
applicable diagnostic assessment in the current school year, the
district or school may administer the diagnostic assessment to the
student. However, if a student transfers into the district prior to
the administration of the diagnostic assessments to all students
under division (B) of this section, the district may administer the
diagnostic assessments to that student on the date or dates
determined under that division.
(2)
The district shall administer the kindergarten readiness assessment
to each kindergarten student not earlier than the first day of July
of the school year in which the student is enrolled in kindergarten
and not later than the twentieth day of instruction of that school
year. In no case shall the results of the readiness assessment be
used to prohibit a student from enrolling in kindergarten.
(3)
No school district shall administer diagnostic assessments from
multiple providers in the subject of reading or mathematics to the
same student in grades kindergarten to three, unless one of the
following apply:
(a)
An additional diagnostic assessment in the applicable subject area is
indicated by the student's individualized education program developed
under Chapter 3323. of the Revised Code;
(b)
The results of the student's diagnostic assessment in reading
indicate that additional assessment is necessary pursuant to section
3323.251 of the Revised Code to determine if the student is at risk
of dyslexia;
(c)
Any other reason as determined appropriate by the department.
Except
as otherwise provided under this section, no school district shall
administer diagnostic assessments from multiple providers to receive
higher ratings on the state report card under section 3302.03 of the
Revised Code. However, a school district may administer additional
diagnostic assessments to inform instruction and supports at the
district level.
(4)(a)
A provider that offers a reading diagnostic assessment approved under
division (D)(1) of section 3301.079 of the Revised Code, as it
existed prior to the effective date of this amendment, may apply to
the department for a waiver to permit school districts to use another
reading diagnostic assessment offered by that provider.
(b)
An application for a waiver shall be submitted in a form and manner
prescribed by the department. The department shall approve a waiver
application for a previously approved reading diagnostic assessment
if it meets all criteria for diagnostic assessments under division
(D)(1) of section 3301.079 of the Revised Code.
(B)
Each
Except
as provided under division (A)(4) of this section, each
district
board shall administer each diagnostic assessment described in
division (A)(1) of this section at least once annually by the
thirtieth day of September to all students in the appropriate grade
level. The board shall administer a diagnostic assessment to a
student with a significant cognitive disability in accordance with
guidelines adopted by the department of education and workforce. A
district board may administer any diagnostic assessment in the fall
and spring of a school year to measure the amount of academic growth
attributable to the instruction received by students during that
school year.
(C)
Each district board shall utilize and score the kindergarten
readiness assessment in accordance with rules established by the
department of children and youth and shall utilize and score each
diagnostic assessment described in division (A)(1) of this section in
accordance with rules established by the department of education and
workforce. After the administration of the kindergarten readiness
assessment or a diagnostic assessment described in division (A)(1) of
this section, each district shall provide a student's completed
assessment, the results of such assessment, and any other
accompanying documents used during the administration of the
assessment to the parent of that student. The district shall include
all such documents and information related to a diagnostic assessment
described in division (A)(1) of this section in any plan developed
for the student under division (C) of section 3313.608 of the Revised
Code. Each district shall submit, in the manner prescribed by each
department, the results of the assessments administered under this
section as follows:
(1)
The results of the kindergarten readiness assessment to the
department of children and youth;
(2)
The results of all diagnostic assessments described in division
(A)(1) of this section to the department of education and workforce
pursuant to section 3301.0714 of the Revised Code.
The
department of children and youth may report school and district level
kindergarten readiness assessment data. The department of education
and workforce may report data from any diagnostic assessment
described in division (A)(1) of this section and may use that data to
calculate the measures prescribed by divisions (B)(1)(g), (C)(1)(g),
and (D)(1)(h) of section 3302.03 of the Revised Code.
(D)
Each district board shall provide intervention services to students
whose diagnostic assessments described in division (A)(1) of this
section show that they are failing to make satisfactory progress
toward attaining the academic standards for their grade level.
(E)
Any chartered nonpublic school may elect to administer the
kindergarten readiness assessment to all kindergarten students
enrolled in the school. If the school so elects, the chief
administrator of the school shall notify the director of children and
youth not later than the thirty-first day of March prior to any
school year in which the school will administer the assessment. The
department of children and youth shall furnish the assessment to the
school at no cost to the school. In administering the assessment, the
school shall do all of the following:
(1)
Enter into a written agreement with the department of children and
youth specifying that the school will share each participating
student's assessment data with the department and, that for the
purpose of reporting the data to the department, each participating
student will be assigned a data verification code as described in
division (D)(2) of section 3301.0714 of the Revised Code;
(2)
Require the assessment to be administered by a teacher certified
under section 3301.071 of the Revised Code who either has completed
training on administering the kindergarten readiness assessment or
has been trained by another person who has completed such training;
(3)
Administer the assessment in the same manner as school districts are
required to do under this section and the rules established under
division (C) of this section.
(F)
A school district in which less than eighty per cent of its students
score at the proficient level or higher on the third-grade English
language arts assessment prescribed under section 3301.0710 of the
Revised Code shall establish a reading improvement plan supported by
reading specialists. Prior to implementation, the plan shall be
approved by the school district board of education.
(G)
As used in this section, "kindergarten readiness assessment"
means the diagnostic assessment provided by the department of
children and youth under section 5104.52 of the Revised Code.
Sec.
3301.0734.
(A)
Not later than April 15, 2027, the department of education and
workforce shall review core mathematics curricula and establish a
list of high-quality core curriculum and instructional materials in
mathematics, and a list of evidence-based mathematics intervention
programs, that are aligned with state standards and best practices.
(B)
The department shall establish a rubric and scoring system to
evaluate core mathematics curricula based upon whether or the extent
to which a curriculum facilitates a student's skill building and
sequential advancement through mastery and meets standards
established by the department. The standards may include whether a
curriculum is supported by research that qualifies as tier two or
higher under the "Elementary and Secondary Education Act of
1965," 20 U.S.C. 6301 et seq., and demonstrates a statistically
significant effect on improving student outcomes. The standards also
may include whether a curriculum receives an all green rating from
edreports, or its successor organization, for the relevant subject
matter and grade bands.
The
department shall post the rubric and scoring system on its publicly
accessible web site. Upon request, the department shall provide the
scored rubric to the entity that submitted a curriculum to be scored
and to any member of the Ohio general assembly.
(C)
Each school district, community school established under Chapter
3314. of the Revised Code, and STEM school established under Chapter
3326. of the Revised Code may use the core curriculum and
instructional materials established by the department or may select
different high-quality core curriculum and instructional materials.
Sec.
3302.03.
Not
later than the thirty-first day of July of each year, the department
of education and workforce shall submit preliminary report card data
for overall academic performance and for each separate performance
measure for each school district, and each school building, in
accordance with this section.
Annually,
not later than the fifteenth day of September or the preceding Friday
when that day falls on a Saturday or Sunday, the department shall
assign a letter grade or performance rating for overall academic
performance and for each separate performance measure for each school
district, and each school building in a district, in accordance with
this section. The department shall adopt rules pursuant to Chapter
119. of the Revised Code to implement this section. The department's
rules shall establish performance criteria for each letter grade or
performance rating and prescribe a method by which the department
assigns each letter grade or performance rating. For a school
building to which any of the performance measures do not apply, due
to grade levels served by the building, the department shall
designate the performance measures that are applicable to the
building and that must be calculated separately and used to calculate
the building's overall grade or performance rating. The department
shall issue annual report cards reflecting the performance of each
school district, each building within each district, and for the
state as a whole using the performance measures and letter grade or
performance rating system described in this section. The department
shall include on the report card for each district and each building
within each district the most recent two-year trend data in student
achievement for each subject and each grade.
(A)(1)
For the 2012-2013 school year, the department shall issue grades as
described in division (F) of this section for each of the following
performance measures:
(a)
Annual measurable objectives;
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as adopted by the department. In adopting
benchmarks for assigning letter grades under division (A)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.02 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (A)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."
(d)
The four- and five-year adjusted cohort graduation rates.
In
adopting benchmarks for assigning letter grades under division
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the department
shall designate a four-year adjusted cohort graduation rate of
ninety-three per cent or higher for an "A" and a five-year
cohort graduation rate of ninety-five per cent or higher for an "A."
(e)
The overall score under the value-added progress dimension of a
school district or building, for which the department shall use up to
three years of value-added data as available. The letter grade
assigned for this growth measure shall be as follows:
(i)
A score that is at least one standard error of measure above the mean
score shall be designated as an "A."
(ii)
A score that is less than one standard error of measure above but
greater than one standard error of measure below the mean score shall
be designated as a "B."
(iii)
A score that is less than or equal to one standard error of measure
below the mean score but greater than two standard errors of measure
below the mean score shall be designated as a "C."
(iv)
A score that is less than or equal to two standard errors of measure
below the mean score but is greater than three standard errors of
measure below the mean score shall be designated as a "D."
(v)
A score that is less than or equal to three standard errors of
measure below the mean score shall be designated as an "F."
Whenever
the value-added progress dimension is used as a graded performance
measure in this division and divisions (B) and (C) of this section,
whether as an overall measure or as a measure of separate subgroups,
the grades for the measure shall be calculated in the same manner as
prescribed in division (A)(1)(e) of this section.
(f)
The value-added progress dimension score for a school district or
building disaggregated for each of the following subgroups: students
identified as gifted, students with disabilities, and students whose
performance places them in the lowest quintile for achievement on a
statewide basis. Each subgroup shall be a separate graded measure.
(2)
The department shall adopt a resolution describing the performance
measures, benchmarks, and grading system for the 2012-2013 school
year and shall adopt rules in accordance with Chapter 119. of the
Revised Code that prescribe the methods by which the performance
measures under division (A)(1) of this section shall be assessed and
assigned a letter grade, including performance benchmarks for each
letter grade.
At
least forty-five days prior to the department's adoption of rules to
prescribe the methods by which the performance measures under
division (A)(1) of this section shall be assessed and assigned a
letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.
(3)
There shall not be an overall letter grade for a school district or
building for the 2012-2013 school year.
(B)(1)
For the 2013-2014 school year, the department shall issue grades as
described in division (F) of this section for each of the following
performance measures:
(a)
Annual measurable objectives;
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (B)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (B)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."
(d)
The four- and five-year adjusted cohort graduation rates;
(e)
The overall score under the value-added progress dimension of a
school district or building, for which the department shall use up to
three years of value-added data as available.
(f)
The value-added progress dimension score for a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis.
Each subgroup shall be a separate graded measure.
(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The department shall adopt rules
to prescribe benchmarks and standards for assigning grades to
districts and buildings for purposes of division (B)(1)(g) of this
section. In adopting benchmarks for assigning letter grades under
divisions (B)(1)(g) and (C)(1)(g) of this section, the department
shall determine progress made based on the reduction in the total
percentage of students scoring below grade level, or below
proficient, compared from year to year on the reading diagnostic
assessments administered under section 3301.0715 of the Revised Code
and the third grade English language arts assessment under section
3301.0710 of the Revised Code, as applicable. The department shall
designate for a "C" grade a value that is not lower than
the statewide average value for this measure. No grade shall be
issued under divisions (B)(1)(g) and (C)(1)(g) of this section for a
district or building in which less than five per cent of students
have scored below grade level on the diagnostic assessment
administered to students in kindergarten under division (B)(1) of
section 3313.608 of the Revised Code.
(h)
For a high mobility school district or building, an additional
value-added progress dimension score. For this measure, the
department shall use value-added data from the most recent school
year available and shall use assessment scores for only those
students to whom the district or building has administered the
assessments prescribed by section 3301.0710 of the Revised Code for
each of the two most recent consecutive school years.
As
used in this division, "high mobility school district or
building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of students
who have attended that school district or building for less than one
year.
(2)
In addition to the graded measures in division (B)(1) of this
section, the department shall include on a school district's or
building's report card all of the following without an assigned
letter grade:
(a)
The percentage of students enrolled in a district or building
participating in advanced placement classes and the percentage of
those students who received a score of three or better on advanced
placement examinations;
(b)
The number of a district's or building's students who have earned at
least three college credits through dual enrollment or advanced
standing programs, such as the post-secondary enrollment options
program under Chapter 3365. of the Revised Code and state-approved
career-technical courses offered through dual enrollment or statewide
articulation, that appear on a student's transcript or other official
document, either of which is issued by the institution of higher
education from which the student earned the college credit. The
credits earned that are reported under divisions (B)(2)(b) and
(C)(2)(c) of this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.
(c)
The percentage of students enrolled in a district or building who
have taken a national standardized test used for college admission
determinations and the percentage of those students who are
determined to be remediation-free in accordance with standards
adopted under division (F) of section 3345.061 of the Revised Code;
(d)
The percentage of the district's or the building's students who
receive industry-recognized credentials as approved under section
3313.6113 of the Revised Code.
(e)
The percentage of students enrolled in a district or building who are
participating in an international baccalaureate program and the
percentage of those students who receive a score of four or better on
the international baccalaureate examinations.
(f)
The percentage of the district's or building's students who receive
an honors diploma under division (B) of section 3313.61 of the
Revised Code.
(3)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code that prescribe the methods by which the performance
measures under divisions (B)(1)(f) and (B)(1)(g) of this section will
be assessed and assigned a letter grade, including performance
benchmarks for each grade.
At
least forty-five days prior to the department's adoption of rules to
prescribe the methods by which the performance measures under
division (B)(1) of this section shall be assessed and assigned a
letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.
(4)
There shall not be an overall letter grade for a school district or
building for the 2013-2014, 2014-2015, 2015-2016, and 2016-2017
school years.
(C)(1)
For the 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019,
2019-2020, and 2020-2021 school years, the department shall issue
grades as described in division (F) of this section for each of the
performance measures prescribed in division (C)(1) of this section.
The graded measures are as follows:
(a)
Annual measurable objectives. For the 2017-2018 school year, the
department shall not include any subgroup data in the annual
measurable objectives that includes data from fewer than twenty-five
students. For the 2018-2019 school year, the department shall not
include any subgroup data in the annual measurable objectives that
includes data from fewer than twenty students. Beginning with the
2019-2020 school year, the department shall not include any subgroup
data in the annual measurable objectives that includes data from
fewer than fifteen students.
(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (C)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."
(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (C)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."
(d)
The four- and five-year adjusted cohort graduation rates;
(e)
The overall score under the value-added progress dimension, or
another measure of student academic progress if adopted by the
department, of a school district or building, for which the
department shall use up to three years of value-added data as
available.
In
adopting benchmarks for assigning letter grades for overall score on
value-added progress dimension under division (C)(1)(e) of this
section, the department shall prohibit the assigning of a grade of
"A" for that measure unless the district's or building's
grade assigned for value-added progress dimension for all subgroups
under division (C)(1)(f) of this section is a "C" or
higher.
For
the metric prescribed by division (C)(1)(e) of this section, the
department may adopt a student academic progress measure to be used
instead of the value-added progress dimension. If the department
adopts such a measure, it also shall prescribe a method for assigning
letter grades for the new measure that is comparable to the method
prescribed in division (A)(1)(e) of this section.
(f)
The value-added progress dimension score of a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the department. Each subgroup
shall be a separate graded measure.
The
department may adopt student academic progress measures to be used
instead of the value-added progress dimension. If the department
adopts such measures, it also shall prescribe a method for assigning
letter grades for the new measures that is comparable to the method
prescribed in division (A)(1)(e) of this section.
(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The department shall adopt rules
to prescribe benchmarks and standards for assigning grades to a
district or building for purposes of division (C)(1)(g) of this
section. The department shall designate for a "C" grade a
value that is not lower than the statewide average value for this
measure. No grade shall be issued under division (C)(1)(g) of this
section for a district or building in which less than five per cent
of students have scored below grade level on the kindergarten
diagnostic assessment under division (B)(1) of section 3313.608 of
the Revised Code.
(h)
For a high mobility school district or building, an additional
value-added progress dimension score. For this measure, the
department shall use value-added data from the most recent school
year available and shall use assessment scores for only those
students to whom the district or building has administered the
assessments prescribed by section 3301.0710 of the Revised Code for
each of the two most recent consecutive school years.
As
used in this division, "high mobility school district or
building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of students
who have attended that school district or building for less than one
year.
(2)
In addition to the graded measures in division (C)(1) of this
section, the department shall include on a school district's or
building's report card all of the following without an assigned
letter grade:
(a)
The percentage of students enrolled in a district or building who
have taken a national standardized test used for college admission
determinations and the percentage of those students who are
determined to be remediation-free in accordance with the standards
adopted under division (F) of section 3345.061 of the Revised Code;
(b)
The percentage of students enrolled in a district or building
participating in advanced placement classes and the percentage of
those students who received a score of three or better on advanced
placement examinations;
(c)
The percentage of a district's or building's students who have earned
at least three college credits through advanced standing programs,
such as the college credit plus program under Chapter 3365. of the
Revised Code and state-approved career-technical courses offered
through dual enrollment or statewide articulation, that appear on a
student's college transcript issued by the institution of higher
education from which the student earned the college credit. The
credits earned that are reported under divisions (B)(2)(b) and
(C)(2)(c) of this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.
(d)
The percentage of the district's or building's students who receive
an honor's diploma under division (B) of section 3313.61 of the
Revised Code;
(e)
The percentage of the district's or building's students who receive
industry-recognized credentials as approved under section 3313.6113
of the Revised Code;
(f)
The percentage of students enrolled in a district or building who are
participating in an international baccalaureate program and the
percentage of those students who receive a score of four or better on
the international baccalaureate examinations;
(g)
The results of the college and career-ready assessments administered
under division (B)(1) of section 3301.0712 of the Revised Code;
(h)
Whether the school district or building has implemented a positive
behavior intervention and supports framework in compliance with the
requirements of section 3319.46 of the Revised Code, notated as a
"yes" or "no" answer.
(3)
The department shall adopt rules pursuant to Chapter 119. of the
Revised Code that establish a method to assign an overall grade for a
school district or school building for the 2017-2018 school year and
each school year thereafter. The rules shall group the performance
measures in divisions (C)(1) and (2) of this section into the
following components:
(a)
Gap closing, which shall include the performance measure in division
(C)(1)(a) of this section;
(b)
Achievement, which shall include the performance measures in
divisions (C)(1)(b) and (c) of this section;
(c)
Progress, which shall include the performance measures in divisions
(C)(1)(e) and (f) of this section;
(d)
Graduation, which shall include the performance measure in division
(C)(1)(d) of this section;
(e)
Kindergarten through third-grade literacy, which shall include the
performance measure in division (C)(1)(g) of this section;
(f)
Prepared for success, which shall include the performance measures in
divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this section. The
department shall develop a method to determine a grade for the
component in division (C)(3)(f) of this section using the performance
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this
section. When available, the department may incorporate the
performance measure under division (C)(2)(g) of this section into the
component under division (C)(3)(f) of this section. When determining
the overall grade for the prepared for success component prescribed
by division (C)(3)(f) of this section, no individual student shall be
counted in more than one performance measure. However, if a student
qualifies for more than one performance measure in the component, the
department may, in its method to determine a grade for the component,
specify an additional weight for such a student that is not greater
than or equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the department shall ensure that the pool
of students included in the performance measures aggregated under
that division are all of the students included in the four- and
five-year adjusted graduation cohort.
In
the rules adopted under division (C)(3) of this section, the
department shall adopt a method for determining a grade for each
component in divisions (C)(3)(a) to (f) of this section. The
department also shall establish a method to assign an overall grade
of "A," "B," "C," "D," or "F"
using the grades assigned for each component. The method the
department adopts for assigning an overall grade shall give equal
weight to the components in divisions (C)(3)(b) and (c) of this
section.
At
least forty-five days prior to the department's adoption of rules to
prescribe the methods for calculating the overall grade for the
report card, as required by this division, the department shall
conduct a public presentation before the standing committees of the
house of representatives and the senate that consider education
legislation describing the format for the report card, weights that
will be assigned to the components of the overall grade, and the
method for calculating the overall grade.
(D)
For the 2021-2022 school year and each school year thereafter, all of
the following apply:
(1)
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 division (A)(1) of section 3301.0715
of the Revised Code and the third grade English language arts
assessment under section 3301.0710 of the Revised Code, as
applicable. The method shall not include a deduction for students who
did not pass the third grade English language arts assessment under
section 3301.0710 of the Revised Code and were not on a reading
improvement and monitoring plan.
The
performance measure prescribed under division (D)(1)(h) 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 based on the student's score on the third grade
English language arts assessment under division (A)(3) of section
3301.0710 of the Revised Code or demonstrate competency on an
alternative assessment under division (A)(2)(c) of section 3313.608
of the Revised Code;
(j)
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,
college-level examination program, or international baccalaureate
examinations. The required score for an advanced placement
examination shall be a three or better. The required score for a
college-level examination program examination shall be a passing
score, as determined by the department. The required score for an
international baccalaureate examination shall be a four or better. A
student may satisfy this condition with any combination of advanced
placement, college-level examination program, or international
baccalaureate examinations.
(iii)
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)
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.
(f)
Whether the school district or building has implemented a positive
behavior intervention and supports framework in compliance with the
requirements of section 3319.46 of the Revised Code, notated with a
"yes" or "no";
(g)
The number and percentage of high school seniors in each school year
who completed the free application for federal student aid;
(h)
Beginning with the report card issued under this section for the
2022-2023 school year, a 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.
(i)(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.
(j)
Whether the district or building provides information about and
promotes the college credit plus program established under Chapter
3365. of the Revised Code to students in accordance with section
3365.04 of the Revised Code, notated with a "yes" or "no";
(k)
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.
(l)
The reading and mathematics curricula used in each school building
and whether the curriculum is designated as high-quality by the
department under section 3301.0734 or 3313.6028 of the Revised Code.
The department shall report the information required under this
division in a form and manner determined by the department.
(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 division (D)(2)(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)(e) 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 the conversion community school is
a dropout prevention and recovery community school, as defined in
section 3314.02 of the Revised Code. The department shall include as
an addendum to the district's report card the ratings and performance
measures that are required under section 3314.017 of the Revised Code
for any community school to which division (J)(1)(b) 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.
3302.07.
(A)
The board of education of any school district, the governing board of
any educational service center,
the governing authority of any community school established under
Chapter 3314. of the Revised Code, the governing authority of any
STEM school established under Chapter 3326. of the Revised Code,
or the administrative authority of any chartered nonpublic school may
submit to the department of education and workforce an application
proposing an innovative education pilot program the implementation of
which requires exemptions from specific statutory provisions or
rules. If a district or service center board employs teachers under a
collective bargaining agreement adopted pursuant to Chapter 4117. of
the Revised Code, any application submitted under this division shall
include the written consent of the teachers' employee representative
designated under division (B) of section 4117.04 of the Revised Code.
The exemptions requested in the application shall be limited to any
requirement of Title XXXIII of the Revised Code or of any rule of the
department adopted pursuant to that title except that the application
may not propose an exemption from any requirement of or rule adopted
pursuant to Chapter 3307. or 3309., section 3302.41 or 3302.42,
sections 3319.07 to 3319.21,
section 3313.6028,
or Chapter 3323. of the Revised Code. Furthermore, an exemption from
any operating standard adopted under division (B)(2) or (D) of
section 3301.07 of the Revised Code shall be granted only pursuant to
a waiver granted by the director of education and workforce under
division (O) of that section.
(B)
The department shall accept any application submitted in accordance
with division (A) of this section. The director shall approve or
disapprove the application in accordance with standards for approval,
which shall be adopted by the department.
(C)
The director shall exempt each district
or
,
service center
,
community school, or STEM school
board or chartered nonpublic school administrative authority with an
application approved under division (B) of this section for a
specified period from the statutory provisions or rules specified in
the approved application. The period of exemption shall not exceed
the period during which the pilot program proposed in the application
is being implemented and a reasonable period to allow for evaluation
of the effectiveness of the program.
(D)
The department shall promote innovative educational programs designed
to increase student achievement and engagement, improve student
wellness, and prepare students for the workforce and post-secondary
education. The department shall do all of the following:
(1)
Provide technical assistance and support to districts and schools in
designing and implementing innovative ideas for education;
(2)
Publicize model projects of educational innovation, including
projects that use artificial intelligence in instruction;
(3)
Promote the availability of waivers from education laws and rules
under this section to implement innovative educational programs.
Sec.
3302.13.
(A)
This section applies to any school district
building
or
community school that meets both of the following criteria, as
reported on the past two consecutive report cards issued for
that
district
a
school building
or
community
school
under section 3302.03 of the Revised Code:
(1)
The
district
building
or
school received either of the following:
(a)
A grade of "D" or "F" on the kindergarten through
third-grade literacy progress measure under division (C)(3)(e) of
section 3302.03 of the Revised Code;
(b)
A performance rating of less than three stars for early literacy
under division (D)(3)(e) of section 3302.03 of the Revised Code.
(2)
Fifty-one per cent or less of the
district's
building's
or school's
students
who took the third grade English language arts assessment prescribed
under section 3301.0710 of the Revised Code for that school year
attained at least a proficient score on that assessment.
(B)
By the thirty-first day of December of each year, any school district
that
operates a school
or
community school that meets the criteria set forth in division (A) of
this section shall submit to the department of education and
workforce a
school
or district
reading
achievement improvement plan
for the building or school
,
which shall include all requirements prescribed by the department
pursuant to division (C) of this section.
(C)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code prescribing the content of and deadlines for the
reading achievement improvement plans required under division (B) of
this section. The rules shall prescribe that each plan include, at a
minimum, an analysis of relevant student performance data, measurable
student performance goals, strategies to meet specific student needs,
a staffing and professional development plan, and instructional
strategies for improving literacy.
(D)
Any school district or community school to which this section applies
shall no longer be required to submit an improvement plan pursuant to
division (B) of this section when
that
district
a
building
or
school meets either of the following criteria, as reported on the
most recent report card issued for that
district
building
or
school under section 3302.03 of the Revised Code:
(1)
The
district
building
or
school received either of the following:
(a)
A grade of "C" or higher on the kindergarten through
third-grade literacy progress measure under division (C)(3)(e) of
section 3302.03 of the Revised Code;
(b)
A performance rating of three stars or higher for early literacy
under division (D)(3)(e) of section 3302.03 of the Revised Code.
(2)
Not less than fifty-one per cent of the
district's
building's
or school's
students
who took the third grade English language arts assessment prescribed
under section 3301.0710 of the Revised Code for that school year
attained at least a proficient score on that assessment.
(E)
The department shall post in a prominent location on its web site all
plans submitted pursuant to this section.
Sec.
3302.131.
(A)
Beginning with the 2026-2027 school year and each school year
thereafter, each school district or community school shall establish
and submit to the department of education and workforce a mathematics
achievement improvement plan for any school building or community
school in which fifty-one per cent or less of the building's students
who took the third grade mathematics assessment prescribed under
section 3301.0710 of the Revised Code for that school year attained
at least a proficient score on that assessment. Each building or
school for which an achievement improvement plan is established under
this division shall use curriculum from the list established by the
department under section 3301.0734 of the Revised Code.
(B)
The department shall adopt rules prescribing the content of,
deadlines for, and implementation of mathematics achievement
improvement plans required under division (A) of this section. The
rules shall prescribe that each plan include, at a minimum, an
analysis of relevant student performance data, measurable student
performance goals, strategies to meet specific student needs, a
staffing and professional development plan, and instructional
strategies for improving student performance.
(C)
Beginning with the 2026-2027 school year and each school year
thereafter, any school district or community school to which this
section applies is no longer required to submit an improvement plan
pursuant to division (A) of this section when not less than fifty-one
per cent of a building's or school's students who took the third
grade mathematics assessment prescribed under section 3301.0710 of
the Revised Code for that school year attained at least a proficient
score on that assessment.
(D)
The department shall post in a prominent location on its web site all
plans submitted and all rules adopted pursuant to this section.
(E)
The department shall develop a student academic intervention template
specific to mathematics and post it on its publicly accessible web
site. Each district or school to which this section applies shall
include the intervention template in its mathematics achievement
improvement plan for a building or school.
Sec.
3310.41.
(A)
As used in this section:
(1)
"Alternative public provider" means either of the following
providers that agrees to enroll a child in the provider's special
education program to implement the child's individualized education
program or an education plan developed by the school district under
division (L) of this section and to which the child's parent owes
fees for the services provided to the child:
(a)
A school district that is not the school district in which the child
is entitled to attend school;
(b)
A public entity other than a school district.
(2)
"Eligible applicant" means any of the following:
(a)
Either of the natural or adoptive parents of a qualified special
education child, except as otherwise specified in this division.
When
the marriage of the natural or adoptive parents of the child has been
terminated by a divorce, dissolution of marriage, or annulment, or
when the natural or adoptive parents of the child are living separate
and apart under a legal separation decree, and a court has issued an
order allocating the parental rights and responsibilities with
respect to the child, "eligible applicant" means the
residential parent as designated by the court. If the court issues a
shared parenting decree, "eligible applicant" means either
parent. "Eligible applicant" does not mean a parent whose
custodial rights have been terminated.
(b)
The custodian of a qualified special education child, when a court
has granted temporary, legal, or permanent custody of the child to an
individual other than either of the natural or adoptive parents of
the child or to a government agency;
(c)
The guardian of a qualified special education child, when a court has
appointed a guardian for the child;
(d)
The grandparent of a qualified special education child, when the
grandparent is the child's attorney in fact under a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code or
when the grandparent has executed a caretaker authorization affidavit
under sections 3109.65 to 3109.73 of the Revised Code;
(e)
The surrogate parent appointed for a qualified special education
child pursuant to division (B) of section 3323.05 and section
3323.051 of the Revised Code;
(f)
A qualified special education child, if the child does not have a
custodian or guardian and the child is at least eighteen years of age
and less than twenty-two years of age.
(3)
"Entitled to attend school" means entitled to attend school
in a school district under section 3313.64 or 3313.65 of the Revised
Code.
(4)
"Formula ADM" has the same meaning as in section 3317.02 of
the Revised Code.
(5)
"Preschool child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.
(6)
"Qualified special education child" is a child who is at
least three years of age and less than twenty-two years of age and
who either was enrolled in the school district in which the child is
entitled to attend school in any grade from preschool through twelve
in the school year prior to the year in which a scholarship under
this section is sought for the child or is eligible to enter school
in any grade preschool through twelve or is less than twenty-two
years of age in the school district in which the child is entitled to
attend school in the school year in which a scholarship under this
section is sought for the child and for whom any of the following
conditions apply:
(a)
The school district in which the child is entitled to attend school
has identified the child as autistic. A child who has been identified
as having a "pervasive developmental disorder - not otherwise
specified (PPD-NOS)" shall be considered to be an autistic child
for purposes of this section.
(b)
The school district in which the child is entitled to attend school
has developed an individualized education program under Chapter 3323.
of the Revised Code for the child that includes services related to
autism.
(c)
The child has been diagnosed as autistic by a physician or
psychologist.
(d)
All of the following apply:
(i)
The child is enrolled in a chartered or nonchartered nonpublic
school, is home educated in accordance with section 3321.042 of the
Revised Code, or is a student older than compulsory school age and
less than twenty-two years of age and received a home education in
accordance with section 3321.042 of the Revised Code and has not
received a diploma under section 3313.6110 of the Revised Code.
(ii)
The child has an individualized education program developed under
Chapter 3323. of the Revised Code that includes services related to
autism
or is a child described in division (A)(6)(c) of this section and has
an education plan developed under division (L) of this section
.
(iii)
The child is still eligible to receive transition services under the
child's individualized education program
or education plan developed under division (L) of this section
.
(7)
"Registered private provider" means a nonpublic school or
other nonpublic entity that has been approved by the department of
education and workforce to participate in the program established
under this section.
(8)
"Special education program" means a school or facility that
provides special education and related services to children with
disabilities.
(B)
There is hereby established the autism scholarship program. Under the
program, the department shall pay a scholarship under section
3317.022 of the Revised Code to an eligible applicant upon
application of that eligible applicant pursuant to procedures and
deadlines established by rule of the department. Each scholarship
shall be used only to pay tuition for the child on whose behalf the
scholarship is awarded to attend a special education program or
programs that implements the child's individualized education program
or education plan and that is operated by an alternative public
provider or by a registered private provider, and to pay for other
services agreed to by the provider and the eligible applicant that
are not included in the individualized education program or education
plan but are associated with educating the child. Upon agreement with
the eligible applicant, the alternative public provider or the
registered private provider may modify the services provided to the
child. The purpose of the scholarship is to permit the eligible
applicant the choice to send the child to a special education program
or programs, instead of the one operated by or for the school
district in which the child is entitled to attend school, to receive
the services prescribed in the child's individualized education
program or education plan once the individualized education program
or education plan is finalized and any other services agreed to by
the provider and the eligible applicant. The services provided under
the scholarship shall include an educational component or services
designed to assist the child to benefit from the child's education.
At
the discretion of the eligible applicant, multiple alternative public
providers or registered private providers may be contracted to
provide services to implement an individualized education program or
education plan as the eligible applicant and providers determine are
necessary and associated with educating the qualified special
education child. A qualified special education child shall not be
limited to receiving services from a single provider for any services
as identified in the individualized education program or education
plan, including a single type of service.
(C)
Services, including intervention services, educational services,
academic services, tutoring services, aide services, and other
related special education services, provided through the program
established under this section may be provided virtually by any of
the following:
(1)
An educational aide or assistant who holds a valid permit issued
under section 3319.088 of the Revised Code;
(2)
An instructional assistant who holds a valid permit issued under
section 3310.43 of the Revised Code;
(3)
A qualified, credentialed provider in accordance with standards
established by the department;
(4)
A teacher or substitute teacher licensed by the state board of
education.
(D)
A scholarship under this section shall not be awarded to an eligible
applicant while the child's individualized education program is being
developed by the school district in which the child is entitled to
attend school, or while any administrative or judicial mediation or
proceedings with respect to the content of the child's individualized
education program are pending. A scholarship under this section shall
not be used for a child to attend a public special education program
that operates under a contract, compact, or other bilateral agreement
between the school district in which the child is entitled to attend
school and another school district or other public provider, or for a
child to attend a community school established under Chapter 3314. of
the Revised Code. However, nothing in this section or in any rule
adopted by the department shall prohibit an eligible applicant whose
child attends a public special education program under a contract,
compact, or other bilateral agreement, or an eligible applicant whose
child attends a community school, from applying for and accepting a
scholarship under this section so that the eligible applicant may
withdraw the child from that program or community school and use the
scholarship for the child to attend a special education program for
which the eligible applicant is required to pay for services for the
child.
(E)
Except for development of the child's individualized education
program or education plan, the school district in which a qualified
special education child is entitled to attend school and the child's
school district of residence, as defined in section 3323.01 of the
Revised Code, if different, are not obligated to provide the child
with a free appropriate public education under Chapter 3323. of the
Revised Code for as long as the child continues to attend the special
education program operated by either an alternative public provider
or a registered private provider for which a scholarship is awarded
under the autism scholarship program. If at any time, the eligible
applicant for the child decides no longer to accept scholarship
payments and enrolls the child in the special education program of
the school district in which the child is entitled to attend school,
that district shall provide the child with a free appropriate public
education under Chapter 3323. of the Revised Code.
(F)
A child attending a special education program with a scholarship
under this section shall continue to be entitled to transportation to
and from that program in the manner prescribed by law.
(G)
As prescribed in division (A)(2)(h) of section 3317.03 of the Revised
Code, a child who is not a preschool child with a disability for whom
a scholarship is awarded under this section shall be counted in the
formula ADM of the district in which the child is entitled to attend
school and not in the formula ADM of any other school district.
(H)
A scholarship shall not be paid under section 3317.022 of the Revised
Code to an eligible applicant for payment of tuition owed to a
nonpublic entity unless that entity is a registered private provider.
The department shall approve entities that meet the standards
established by rule of the department for the program established
under this section.
(I)
The department shall adopt rules under Chapter 119. of the Revised
Code prescribing procedures necessary to implement this section,
including, but not limited to, procedures and deadlines for eligible
applicants to apply for scholarships, standards for registered
private providers, and procedures for approval of entities as
registered private providers.
The
rules also shall specify that intervention services, including
virtual services, under the autism scholarship program may be
provided by a qualified, credentialed provider, including an educator
or substitute teacher licensed by the state board of education, and
shall additionally include, but not be limited to, all of the
following:
(1)
A behavior analyst certified by a nationally recognized organization
that certifies behavior analysts;
(2)
A psychologist licensed to practice in this state under Chapter 4732.
of the Revised Code;
(3)
An independent school psychologist or school psychologist licensed to
practice in this state under Chapter 4732. of the Revised Code;
(4)
Any person employed by a licensed psychologist, licensed independent
school psychologist, or licensed school psychologist, while carrying
out specific tasks, under the licensee's supervision, as an extension
of the licensee's legal and ethical authority as specified under
Chapter 4732. of the Revised Code who is ascribed as "psychology
trainee," "psychology assistant," "psychology
intern," or other appropriate term that clearly implies their
supervised or training status;
(5)
Unlicensed persons holding a doctoral degree in psychology or special
education from a program approved by the department;
(6)
A "registered behavior technician" as described under rule
5123-9-41 of the Administrative Code working under the supervision
and following the intervention plan of a certified Ohio behavior
analyst or a behavior analyst certified by a nationally recognized
organization that certifies behavior analysts;
(7)
A "certified Ohio behavior analyst" under Chapter 4783. of
the Revised Code;
(8)
An occupational therapist or physical therapist licensed to practice
in this state under Chapter 4755. of the Revised Code;
(9)
A speech-language pathologist licensed to practice in this state
under Chapter 4753. of the Revised Code;
(10)
An intervention specialist who holds a valid license issued by the
state board;
(11)
A literacy intervention specialist certified through pathways
recognized by the Ohio dyslexia committee established by section
3323.25 of the Revised Code. To the extent that certification for any
of the following positions is approved by the Ohio dyslexia committee
under section 3323.25 of the Revised Code, literary intervention
specialists may include:
(a)
A structured literacy dyslexia interventionist;
(b)
A structured literacy dyslexia specialist;
(c)
A certified academic language practitioner;
(d)
A certified academic language therapist.
(12)
An educational aide or assistant with a valid permit issued under
section 3319.088 of the Revised Code;
(13)
An instructional assistant with a valid permit issued in accordance
with section 3310.43 of the Revised Code;
(14)
Any other qualified individual as determined by the department.
Supervision
of a qualified, credentialed provider may be conducted virtually.
(J)
For billing purposes under the autism scholarship program, services
provided by a teacher or substitute teacher licensed by the state
board of education shall be classified as academic services and shall
not be classified as aide services. The department shall use this
differentiation to simplify monthly audit procedures.
(K)
The department shall provide reasonable notice to all eligible
applicants receiving a scholarship under the autism scholarship
program, alternative public providers, and registered private
providers of any amendment to a rule governing, or change in the
administration of, the autism scholarship program.
(L)
If a child qualifies for the autism scholarship program pursuant to a
diagnosis under division (A)(6)(c) of this section and does not have
an individualized education program that includes services related to
autism, the school district in which the child is entitled to attend
school shall develop an education plan for the child.
(M)
Not later than the thirtieth day of June each year, each alternative
public provider and registered private provider enrolling students
receiving autism scholarships shall submit to the department, in a
form and manner prescribed by the department, the tuition rates
charged by the provider for the following school year.
(N)
The department shall not require an eligible applicant who applies
for or receives a scholarship under this section to complete any kind
of income verification regarding the student's family income.
(O)
The department shall maintain a list of each registered private
provider and the location of that provider on its publicly accessible
web site.
Sec.
3313.476.
(A)
As used in this section, "youth organization" means any
youth membership organization listed in 36 U.S.C. 30101, 30901,
31101, 40301, 70901, 80301, 130501, 140101, and 154101, that serves
young people under twenty-one years of age and has an educational
purpose that promotes patriotism, workforce readiness, and civic
involvement.
(B)
A youth organization may request that a school district board of
education permit representatives of the youth organization to speak
with and distribute informational materials to students during school
hours to encourage participation in the youth organization and its
activities and to inform students of how the youth organization may
further the student's educational interests, readiness for the
workforce, and civic involvement.
(C)
Upon request by a youth organization under division (B) of this
section, a district board shall provide each of the following:
(1)
At least one opportunity per school year for the representatives of
the youth organization to provide displays on school property within
the district for student recruitment, including informational flyers
and the use of other existing digital communication channels;
(2)
A specific date and time for the youth organization to speak with
students at schools in the district for up to ten consecutive minutes
during the school day, but not during instruction for a core
curriculum subject;
(3)
Notification to parents or guardians of each youth organization's
expected presentation and the option to withhold consent for their
child to participate in such presentation.
(D)
A school district that permits a youth organization to speak with and
distribute informational materials to students or use school
buildings or property under this section is not required to provide
equal access to an organization that is not a youth organization as
defined under division (A) of this section.
Sec.
3313.6028.
(A)(1)
As used in Title XXXIII of the Revised Code, "science of
reading" means an interdisciplinary body of scientific evidence
that:
(a)
Informs how students learn to read and write proficiently;
(b)
Explains why some students have difficulty with reading and writing;
(c)
Indicates that all students benefit from explicit and systematic
instruction in phonemic awareness, phonics, vocabulary, fluency,
comprehension, and writing to become effective readers;
(d)
Does not rely on any model of teaching students to read based on
meaning, structure and syntax, and visual cues, including a
three-cueing approach.
(2)
As used in this section, "three-cueing approach" means any
model of teaching students to read based on meaning, structure and
syntax, and visual cues.
(B)
The department of education and workforce shall establish a list of
high-quality core curriculum and instructional materials in English
language arts, and a list of evidence-based reading intervention
programs, that are aligned with the science of reading and strategies
for effective literacy instruction.
The
department shall establish a rubric and scoring system to evaluate
whether or the extent to which core curricula in English language
arts facilitates a student's skill building and sequential
advancement through mastery. The department shall post the rubric and
scoring system on its publicly accessible web site. Upon request, the
department shall provide a scored rubric to the entity that submitted
a curriculum to be scored and to any member of the Ohio general
assembly.
(C)
Beginning not later than the 2024-2025 school year, each school
district, community school established under Chapter 3314. of the
Revised Code, and STEM school established under Chapter 3326. of the
Revised Code, shall use core curriculum and instructional materials
in English language arts in each of grades pre-kindergarten to five
and evidence-based reading intervention programs in each of grades
pre-kindergarten to twelve only from the lists established under
division (B) of this section. Except as provided in division (D) of
this section, no district or school shall use any core curriculum,
instructional materials, or intervention program in grades
pre-kindergarten to five that use the three-cueing approach to teach
students to read.
(D)
A district or school may apply to the department for a waiver on an
individual student basis to use curriculum, instructional materials,
or an intervention program in grades pre-kindergarten through five
that uses the three-cueing approach to teach students to read, except
as follows:
(1)
No student for whom a reading improvement and monitoring plan has
been developed under division (C) of section 3313.608 of the Revised
Code shall be eligible for a waiver.
(2)
If a student has an individualized education program that explicitly
indicates the three-cueing approach is appropriate for the student's
learning needs, the student shall not be required to have a waiver.
In
determining whether to approve a waiver requested under this section,
the department shall consider the performance of the student's
district or school on the state report card issued under section
3302.03 of the Revised Code, including on the early literacy
component prescribed under division (D)(3)(e) of that section.
(E)(1)
The department shall identify vendors that provide professional
development to educators, including pre-service teachers and faculty
employed by educator preparation programs, on the use of high-quality
core curriculum and instructional materials and reading intervention
programs on the lists established under division (B) of this section.
(2)
A professional development committee established under section
3319.22 of the Revised Code shall qualify any completed professional
development coursework provided by a vendor described in division
(E)(1) of this section to count towards professional development
coursework requirements for teacher licensure renewal.
(3)
A professional development committee shall permit a teacher to apply
any hours earned over the minimum amount of hours required for
professional development coursework for teacher licensure renewal
under division (E)(2) of this section to the next renewal period for
that license.
(F)
Not later than the thirtieth day of June of each year, the department
shall prepare and issue a report regarding the implementation of this
section, including by districts and schools. The department shall
provide the report to the governor, and, in accordance with section
101.68 of the Revised Code, to the general assembly.
Sec.
3313.6032.
(A)
As used in this section, "qualifying student" means a
student to whom either of the following applies:
(1)
The student achieves an advanced level of skill on a mathematics
achievement assessment prescribed under section 3301.0710 of the
Revised Code.
(2)
The student meets a school district's choice of multiple measures
under one of the following:
(a)
The student achieves an accomplished level of skill on a mathematics
achievement assessment prescribed under section 3301.0710 of the
Revised Code and the student holds an average class grade of "A"
or "B" in a mathematics course.
(b)
The student achieves a designated score, as determined by the
department of education and workforce, on a mathematics diagnostic
assessment prescribed under section 3301.0715 of the Revised Code and
an accomplished level of skill on a mathematics achievement
assessment prescribed under section 3301.0710 of the Revised Code.
A
school district may redetermine its advancement policy for a student
under division (A)(2) of this section annually.
(B)
Beginning July 1, 2027, each school district shall do all of the
following:
(1)
Enroll each qualifying student in grade six in both of the following:
(a)
A mathematics course in seventh grade that combines in one school
year seventh- and eighth-grade state mathematics standards under
section 3301.079 of the Revised Code;
(b)
Algebra I in eighth grade. Each such student shall take the
corresponding required end-of-course examination for Algebra I as
prescribed under division (E) of this section. A district shall only
enroll a student in Algebra I in the eighth grade if the student
achieves at least a proficient level of skill on the required
mathematics achievement assessment for grade eight in the course
prescribed under division (A)(1)(a) of this section.
(2)
Enroll each qualifying student in grades three through five in
advanced learning opportunities in mathematics. Advanced learning
opportunities in mathematics means a course that exceeds the standard
mathematics curriculum for the student's grade level, or services or
curricula modifications in mathematics, provided either in person or
through electronic means, which provide additional rigor or
challenge, and may include the following:
(a)
Differentiated instruction in which the depth, breadth, complexity,
pacing, and acceleration is tailored to the student's particular
needs and readiness;
(b)
Interdisciplinary work.
(3)
Not later than ninety days after the effective date of this section,
adopt a comprehensive mathematics placement and promotion policy that
includes a curriculum plan beginning in grade three that does both of
the following:
(a)
Creates a timeline and explanation of how students will be prepared
and placed in Algebra I;
(b)
Describes how the school district will provide advanced learning
opportunities in mathematics and accommodate each student in grade
seven that qualifies under division (B)(1) of this section.
(C)
Each school district shall notify the parent or guardian of a student
who qualifies for enrollment under division (B)(1) of this section of
that determination. The parent or guardian of any such student may
submit a written request for that student to not be enrolled under
that division, in which case the district shall not enroll the
student under that division.
(D)
The department of education and workforce shall do both of the
following:
(1)
Adopt rules regarding the placement of students under division (B)(1)
of this section, based on the student's performance on a mathematics
achievement assessment prescribed under section 3301.0710 of the
Revised Code.
(2)
Not later than ninety days after the effective date of this section,
designate a score that reflects an accomplished level of skill for
each of the mathematics diagnostic assessments selected under section
3301.079 of the Revised Code.
(E)
Each student shall take any corresponding required achievement
assessment or end-of-course examination for any mathematics course
the student takes as a result of enrollment in an advanced
mathematics course under this section.
(F)
Each school district may provide additional students advanced
learning opportunities in mathematics, including enrollment in
advanced courses such as Algebra I, if a student meets district
requirements for such a course or would benefit from those
opportunities.
Sec.
3313.6034.
(A)
As used in this section:
(1)
"Qualifying student" means a student who, on a diagnostic
assessment prescribed under section 3301.079 of the Revised Code or a
state assessment, demonstrates a limited level of skill in the
subject area of mathematics, English language arts, or both.
"Qualifying student" does not include either of the
following:
(a)
A student that has an individualized education program developed
under Chapter 3323. of the Revised Code that includes services
related to a traumatic brain injury or a significant cognitive
disability, unless the student's parent or guardian and district or
school have determined the services would be appropriate for the
student;
(b)
A student that attends a dropout prevention and recovery community
school, as defined in section 3314.02 of the Revised Code.
(2)
"State assessment" means either an achievement assessment
prescribed under section 3301.0710 or an end-of-course examination
prescribed under section 3301.0712 of the Revised Code.
(3)
"Tutoring supports" means high-dosage tutoring
opportunities aligned with the student's classroom instruction
through a state-approved vendor on the list of high-quality tutoring
vendors under section 3301.136 of the Revised Code or a locally
approved opportunity that aligns with high-dosage tutoring best
practices. High-dosage tutoring opportunities shall include
instruction time delivered at least three days per week, or at least
fifty hours over thirty-six weeks. High-dosage tutoring may be
incorporated into a student's regular classroom instruction.
To
the extent practicable, districts and schools shall endeavor to
provide each of a student's tutoring supports with the same tutor.
(4)
"Integrated student supports" means an evidence-based
approach whereby schools intentionally and systematically leverage
and coordinate resources and relationships available in the school
and the surrounding community to address comprehensive student
strengths, interests, and needs.
(B)
Each school district, community school established pursuant to
Chapter 3314., and STEM school established pursuant to Chapter 3326.
of the Revised Code shall provide evidence-based academic
intervention services, free of cost, to each qualifying student. The
district or school shall provide those services directly, through a
contracted vendor, or as a combination of both options. The district
or school shall provide services that align with a qualifying
student's assessed level of skill and provide accelerated learning
and skill mastery where possible to help the student demonstrate a
level of skill appropriate to the student's grade level. A district
or school annually shall notify the department of education and
workforce, through the education management information system
established under section 3301.0714 of the Revised Code, of all of
the following:
(1)
The number of qualifying students enrolled in the district or school;
(2)
The number of qualifying students receiving academic intervention
services in mathematics, English language arts, or both;
(3)
The number of qualifying students receiving academic intervention
services from the district or school directly, through a vendor, or a
combination of both options.
(C)(1)
Academic intervention services provided to a student under this
section may encompass a variety of evidence-based supports, including
tutoring supports, additional instruction time, an extended school
calendar, participation in a learning support program, or any other
academically centered support service that the district or school
determines will improve the student's academic performance.
Intervention services may also be offered in combination with
integrated student supports.
(2)
All academic intervention services provided to a qualifying student
under this section shall align with the academic instruction the
student receives. Intervention services provided under division (B)
of this section shall be in addition to and not a replacement for
existing academic instruction and other services provided to
students. All academic intervention services in English language arts
shall align with the science of reading as defined in section
3313.6028 of the Revised Code.
(D)
A district or school shall ensure that academic intervention services
provided to a qualifying student under division (C) of this section
do not supplant the student's core academic instructional time,
except that in grades kindergarten through three, instruction aligned
with science and social studies standards may be integrated into core
mathematics and reading instruction rather than being taught in
separate instructional periods.
(E)(1)
A district or school shall notify the parent or guardian of a
qualifying student that the student will receive academic
intervention services prior to providing services to the student.
Notification shall include a description of which intervention or
interventions the qualifying student will receive and who will
provide services to the student.
(2)
The district or school periodically shall update the parent or
guardian on the academic intervention services provided to the
qualifying student and shall provide resources and recommendations
for ways the parent or guardian may assist the qualifying student.
(F)(1)
Beginning with the 2027-2028 school year, and each school year
thereafter, the department randomly shall identify and select
individual schools operated by a school district, community schools,
and STEM schools for a review of their academic intervention services
for qualifying students under this section. The department shall not
select more than five per cent of all schools to review each year. No
school shall be selected for review more than once every three years.
The review shall include, at a minimum, a document review, interviews
with applicable school staff, and observations of interventions.
The
review shall assess all of the following:
(a)
Whether qualifying students receive academic intervention services in
accordance with division (B) of this section;
(b)
The types and methods of academic intervention services that
qualifying students receive;
(c)
The quality of the academic intervention services provided by the
school or the contracted vendor. To determine quality, the department
may consider the length and duration of the intervention, specific
programs and curriculum being used, the credentials and training of
intervention providers, and data regarding qualifying student
progress.
(2)
The department shall provide a report to the school containing its
review of the school's academic intervention services not later than
seventy-five days after the department completes the review. Each
report shall include an assessment of the efficacy of the academic
intervention services provided to qualifying students, along with any
recommendations the department considers necessary. The school shall
post a copy of the report on its web site and shall make the report
available upon request to any person. The department shall include a
review completed under this division as part of the student
opportunity profile on the state report card under section 3302.03 of
the Revised Code.
(3)
The department may contract with an organization that has documented
expertise in supporting school improvement and academic intervention
services to help with conducting its review under division (F) of
this section.
(G)(1)
A student who receives academic intervention services in mathematics
or English language arts under this section is no longer eligible for
services under this section in that subject area when the student
demonstrates a proficient level of skill in it on either a diagnostic
assessment or a state assessment.
(2)
If a qualifying student receiving academic intervention services in
both mathematics and English language arts demonstrates a level of
skill that is proficient or higher under this section in one, but not
both, subject areas, the student shall continue to receive academic
intervention services for the subject area in which the student has
not demonstrated a proficient level of skill.
(3)
Any student in any of grades nine through twelve who fails to
demonstrate a level of skill that is proficient or higher on a
diagnostic assessment or an end-of-course examination in mathematics
or English language arts, or both, and is not required to retake the
examination, continues to qualify for intervention services under
this section. For such a student, the district or school shall align
intervention services with the student's selected graduation pathway
prescribed under section 3313.618 of the Revised Code.
(H)
Nothing in this section prohibits a district or school from providing
academic intervention services to a student who does not meet the
definition of a qualifying student under this section.
Sec.
3313.90.
As
used in this section, "
formula
enrolled
ADM"
has the same meaning as in section 3317.02 of the Revised Code.
Notwithstanding division (D) of section 3311.19 and division (D) of
section 3311.52 of the Revised Code, the provisions of this section
that apply to a city school district do not apply to any joint
vocational or cooperative education school district.
(A)
Except as provided in division (B) of this section, each city, local,
and exempted village school district shall, by one of the following
means, provide to students enrolled in grades seven through twelve
career-technical education adequate to prepare a student enrolled
therein for an occupation:
(1)
Establishing and maintaining a career-technical education program
that meets standards adopted by the department of education and
workforce;
(2)
Being a member of a joint vocational school district that meets
standards adopted by the department;
(3)
Contracting for career-technical education with a joint vocational
school district or another school district that meets the standards
adopted by the department.
The
standards of the department shall include criteria for the
participation by nonpublic students
and
by students who are receiving home education in accordance with
section 3321.042 of the Revised Code
in
career-technical education programs without financial assessment,
charge, or tuition to such student except such assessments, charges,
or tuition paid by resident public school students in such programs.
Such nonpublic school students
and
students receiving home education
shall
be included in the
formula
enrolled
ADM
of the school district maintaining the career-technical education
program as part-time students in proportion to the time spent in the
career-technical education program.
By
the thirtieth day of October of each year, the director of education
and workforce shall determine and certify to the superintendent of
each school district subject to this section either that the district
is in compliance with the requirements of this section for the
current school year or that the district is not in compliance. If the
director certifies that the district is not in compliance, the
director shall notify the board of education of the district of the
actions necessary to bring the district into compliance with this
section.
In
meeting standards established by the department, school districts,
where practicable, shall provide career-technical education programs
in high schools. A minimum enrollment of two thousand two hundred
fifty students in grades seven through twelve is the base for
comprehensive career-technical education course offerings. A school
district may meet this requirement alone, through a cooperative
arrangement pursuant to section 3313.92 of the Revised Code, through
school district consolidation, by membership in a joint vocational
school district, by contract with a school district, by contract with
a school licensed by any state agency established by the Revised Code
which school operates its courses offered for contracting with public
schools under standards as to staffing and facilities comparable to
those prescribed by the department for public schools provided no
instructor in such courses shall be required to be certificated by
the department, or in a combination of such ways. Exceptions to the
minimum enrollment prescribed by this section may be made by the
department based on sparsity of population or other factors
indicating that comprehensive educational and career-technical
education programs as required by this section can be provided
through an alternate plan.
(B)
Until July 1, 2026, the department shall waive the requirement for a
city, local, or exempted village school district to provide
career-technical education to students enrolled in grades seven and
eight for that particular school year, if the board of education of
that district adopts a resolution that specifies the district's
intent not to provide career-technical education to students enrolled
in grades seven and eight for a particular school year and submits
that resolution to the department by the thirtieth day of September
of that school year.
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
and educational philosophy, 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, 3301.24, 3301.948, 3302.037,
3302.131,
3313.472,
3313.473, 3313.474, 3313.50, 3313.539, 3313.5310, 3313.5318,
3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031,
3313.6032,
3313.6034,
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, 3313.8110, 3313.86, 3313.89,
3313.96, 3319.073, 3319.077, 3319.078, 3319.0812,
3319.2214,
3319.238,
3319.318, 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41,
3319.46, 3319.90, 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.
(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.
(m)
The school will comply with section 3313.7118 of the Revised Code if
it serves elementary school students.
(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 (D) 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, both of the following:
(a)
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;
(b)
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.
(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.
(34)
A provision establishing the process by which the governing authority
of the school will be selected in the future.
(35)
A description of the management and administration of the school.
(36)
A provision requiring the governing authority to adopt policies and
procedures to establish internal financial controls for the school.
(B)
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.
(C)
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.
(D)
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.
(E)
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.
3317.25.
(A)
As used in this section, "disadvantaged pupil impact aid"
means the following:
(1)
For a city, local, or exempted village school district, the funds
received under division (A)(4)(a) of section 3317.022 of the Revised
Code;
(2)
For a joint vocational school district, the funds received under
division (A)(3) of section 3317.16 of the Revised Code;
(3)
For a community school established under Chapter 3314. of the Revised
Code, the funds received under division (A)(4)(b) of section 3317.022
of the Revised Code;
(4)
For a STEM school established under Chapter 3326. of the Revised
Code, the funds received under division (A)(4)(b) of section 3317.022
of the Revised Code.
(B)(1)
For fiscal years 2026 and 2027, a city, local, exempted village, or
joint vocational school district, community school, or STEM school
shall spend the disadvantaged pupil impact aid it receives for any of
the following initiatives or a combination of any of the following
initiatives:
(a)
Extended school day and school year;
(b)
Reading improvement and intervention that is aligned with the science
of reading and evidence-based strategies for effective literacy
instruction;
(c)
Instructional technology or blended learning;
(d)
Professional development in the science of reading and evidence-based
strategies for effective literacy instruction for teachers of
students in kindergarten through third grade;
(e)
Dropout prevention;
(f)
School safety and security measures;
(g)
Community learning centers that address barriers to learning;
(h)
Academic interventions for students in any of grades six through
twelve;
(i)
Employment of an individual who has successfully completed the bright
new leaders for Ohio schools program as a principal or an assistant
principal under section 3319.272 of the Revised Code;
(j)
Mental health services, including telehealth services,
community-based behavioral health services, and recovery supports;
(k)
Culturally appropriate, evidence-based or evidence-informed
prevention services, including youth-led programming and curricula to
promote mental health and prevent substance use and suicide, and
trauma-informed services;
(l)
Services for homeless youth;
(m)
Services for child welfare involved youth;
(n)
Community liaisons or programs that connect students to community
resources, including behavioral wellness coordinators and city
connects, communities in schools, and other similar programs;
(o)
Physical health care services, including telehealth services and
community-based health services;
(p)
Family engagement and support services;
(q)
Student services provided prior to or after the regularly scheduled
school day or any time school is not in session, including mentoring
programs
;
(r)
Professional development on evidence-based strategies for effective
mathematics instruction;
(s)
Implementation of high-quality core curriculum in math identified by
the department of education and workforce under section 3301.0734 of
the Revised Code
.
(2)
For fiscal year 2028 and each fiscal year thereafter, each city,
local, exempted village, and joint vocational school district,
community school, and STEM school shall spend the disadvantaged pupil
impact aid it receives for one or more initiatives specified by the
general assembly.
(C)(1)
For fiscal years 2026 and 2027, each city, local, exempted village,
and joint vocational school district, community school, and STEM
school that is subject to the requirements of this section shall
develop a plan for utilizing the disadvantaged pupil impact aid it
receives in coordination with at least one of the following community
partners:
(a)
A board of alcohol, drug addiction, and mental health services
established under Chapter 340. of the Revised Code;
(b)
An educational service center;
(c)
A county board of developmental disabilities;
(d)
A community mental health prevention or treatment provider;
(e)
A board of health of a city or general health district;
(f)
A county department of job and family services;
(g)
A nonprofit organization with experience serving children;
(h)
A public hospital agency.
(2)
For fiscal year 2028 and each fiscal year thereafter, each city,
local, exempted village, and joint vocational school district,
community school, and STEM school that is subject to the requirements
of this section shall develop a plan for utilizing the disadvantaged
pupil impact aid it receives in the manner specified by the general
assembly, if the general assembly requires city, local, exempted
village, and joint vocational school districts, community schools,
and STEM schools to develop such a plan.
(D)
After the end of each fiscal year, each city, local, exempted
village, or joint vocational school district, community school, and
STEM school shall submit a report to the department of education and
workforce describing the initiative or initiatives on which the
district's or school's disadvantaged pupil impact aid were spent
during that fiscal year. For fiscal years 2026 and 2027, this report
shall be submitted in a manner prescribed by the department and shall
also describe the amount of money that was spent on each initiative.
(E)
Starting in 2015, the department shall submit a report of the
information it receives under division (C) of this section to the
general assembly not later than the first day of December of each
odd-numbered year in accordance with section 101.68 of the Revised
Code.
Sec.
3317.28.
Not
later than the thirty-first day of December of each fiscal year, the
department of education and workforce shall designate as a community
school of quality each community school established under Chapter
3314. of the Revised Code that meets the criteria established in
division (A), (B), (C), (D), or (E) of this section.
(A)
A community school qualifies as a community school of quality if the
school meets all of the following criteria:
(1)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.
(2)
The school received a higher performance index score than the school
district in which the school is located on the two most recent report
cards issued for the school under section 3302.03 of the Revised
Code.
(3)
The school received a performance rating of four stars or higher for
the progress component on the most recent report card issued for the
school under section 3302.03 of the Revised Code or is a school
described under division (B) of section 3314.35 of the Revised Code
and did not receive a rating for the progress component on the most
recent report card.
(4)
At least fifty per cent of the students enrolled in the school in the
prior fiscal year were economically disadvantaged, as determined by
the department.
(B)
A community school qualifies as a community school of quality if the
school meets all of the following criteria:
(1)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.
(2)
The school received a higher performance index score than the school
district in which the school is located on the most recent report
card issued for the school under section 3302.03 of the Revised Code.
(3)
The school received a performance rating of three stars or higher for
the progress component on the most recent report card issued for the
school under section 3302.03 of the Revised Code.
(4)
The school received a performance rating of three stars or higher for
the achievement component on the most recent report card issued for
the school under section 3302.03 of the Revised Code.
(C)
A community school qualifies as a community school of quality if the
school meets all of the following criteria:
(1)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.
(2)
The school is in its first year of operation or the school opened as
a kindergarten school and has added one grade per year and has been
in operation for less than four school years.
(3)
The school is replicating an operational and instructional model used
by a community school described in division (A) of this section.
(4)
If the school has an operator, the operator received a rating of
three stars or better on its most recent performance report published
under section 3314.031 of the Revised Code.
(D)
A community school qualifies as a community school of quality if the
school meets all of the following criteria:
(1)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.
(2)
The school satisfies either of the following:
(a)
The school contracts with an operator that operates schools in other
states and meets at least one of the following criteria:
(i)
Has operated a school that received a grant funded through the
federal charter school program established under 20 U.S.C. 7221
within the five years prior to the date of application or received
funding from the charter school growth fund;
(ii)
Meets all of the following criteria:
(I)
One of the operator's schools in another state performed better than
the school district in which the school is located, as determined by
the department.
(II)
At least fifty per cent of the total number of students enrolled in
all of the operator's schools are economically disadvantaged, as
determined by the department.
(III)
The operator is in good standing in all states where it operates
schools, as determined by the department.
(IV)
The department has determined that the operator does not have any
financial viability issues that would prevent it from effectively
operating a community school in Ohio.
(b)
The school is replicating an operational and instructional model
through an agreement with a college or university used by a community
school or its equivalent in another state that performed better than
the school district in which the school is located, as determined by
the department.
(3)
The school is in its first year of operation or, if not in its first
year of operation and qualifying under division (D)(2)(b) of this
section, meets either of the following conditions:
(a)
The school opened on July 1, 2022, and has not previously been
designated as a community school of quality under this section, in
which case the first payment under section 3317.27 of the Revised
Code shall be made on or before January 31, 2024, and shall be
calculated based on the adjusted full-time equivalent number of
students enrolled in the school for fiscal year 2024.
(b)
The school opened on or after July 1, 2019, and has not previously
been designated as a community school of quality under this section,
in which case the first payment under section 3317.27 of the Revised
Code shall be made within thirty days of
the
effective date of this section
September
30, 2025,
and
shall be calculated based on the adjusted full-time equivalent number
of students enrolled in the school for the fiscal year for which the
payment is being made.
(E)
A community school qualifies as a community school of quality if it
meets all of the following criteria:
(1)
The school is a dropout prevention and recovery school as defined
under section 3314.02 of the Revised Code.
(2)
The school's sponsor was rated "exemplary" or "effective"
on the sponsor's most recent evaluation conducted under section
3314.016 of the Revised Code.
(3)
The school received an "exceeds standards" on the
performance indicator prescribed under division (C)(2) of section
3314.017 of the Revised Code on the two most recent report cards
issued for the school under section 3314.017 of the Revised Code.
(4)
The school is not an internet- or computer-based community school.
(F)
A school designated as a community school of quality under division
(A), (B), (C), or (E) of this section shall maintain that designation
for the two fiscal years following the fiscal year in which the
school was initially designated as a community school of quality. A
school designated as a community school of quality under division (D)
of this section shall maintain that designation for the four fiscal
years following the fiscal year in which the school was initially
designated as a community school of quality.
(G)
A school designated a community school of quality may renew its
designation each year that it satisfies the criteria under division
(A) or (B) of this section. The school shall maintain that
designation for the two fiscal years following each fiscal year in
which the criteria under division (A) or (B) of this section are
satisfied.
(H)
A school that was designated as a community school of quality for the
first time under
either
division
(C)
or
divisions (D)(1) and (D)(2)(a)
of
this section for the 2022-2023 school year shall be considered to
have maintained that designation for the 2022-2023 school year, shall
maintain that designation through the 2029-2030 school year, and may
renew its designation under division (G) of this section after that
year.
(I)
If two or more community schools have merged or merge in accordance
with division (B) of section 3314.0211 of the Revised Code on or
after June 30, 2022, the surviving community school is eligible to
receive funds under this program, provided it otherwise qualifies as
a community school of quality under division (A), (B), (C), (D), or
(E) of this section. In such a case, the payment for a fiscal year
shall be calculated using the adjusted full-time equivalent number of
students enrolled in the school for that fiscal year as of the date
the payments are made, as reported by the surviving community school
under section 3314.08 of the Revised Code, regardless of whether
those students were previously enrolled in a community school that
was dissolved as part of the merger. A community school qualified to
receive funds under the program prior to merging on or after June 30,
2022, and was dissolved due to the merger, shall be considered to
have been eligible for funds under the program prior to
the
effective date of this section
September
30, 2025,
and
shall not be required to return any funds received prior to that
date.
Sec.
3319.2214.
This
section applies to each individual who applies for a new valid
educator license under section 3319.22 of the Revised Code with a
grade band specification of grades pre-kindergarten through eight and
who may be assigned to teach mathematics.
The
state board of education shall assess whether each individual to whom
this section applies is proficient in mathematics at the time that
individual applies for a license. The chancellor of higher education,
in consultation with the department of education and workforce, shall
define the level of proficiency at which individuals are prepared to
provide high-quality math instruction. The chancellor and the
department shall collaborate with the state board to set appropriate
benchmarks. Whether that individual is proficient in mathematics does
not affect the state board's duty to issue that applicant a license.
However,
the state board shall certify to each school district or other school
that employs that individual whether the individual is proficient in
mathematics based on the state board's assessment. If the individual
has not demonstrated proficiency in mathematics, the district or
school shall not assign that individual to teach mathematics.
Nevertheless, the district or school may permit that individual to
teach in other subject areas.
An
individual who has not demonstrated proficiency in mathematics
according to the state board's assessment may retake the assessment.
If the individual demonstrates proficiency in mathematics in the
subsequent assessment, the state board shall certify to each school
district or other school that employs the individual that the
individual is proficient in mathematics. In that case, the district
or school may assign the individual to teach mathematics.
The
state board shall adopt rules to implement this section.
Sec.
3319.2311.
The
department of education and workforce shall do both of the following:
(A)
Develop a professional development course that focuses on
foundational knowledge in mathematics and integrates life skills;
(B)
Not later than December 31, 2026, develop a pilot series of
professional development programs for school and regional educational
leaders on evidence-based mathematics instruction.
Sec.
3324.10.
(A)
The department of education and workforce shall adopt a model student
acceleration policy addressing recommendations in the former
department of education's 2005 study conducted under the gifted
research and demonstration grant program. The policy shall address,
but not be limited to, whole grade acceleration, subject area
acceleration, and early high school graduation.
The
policy also shall include providing advanced learning opportunities
in mathematics under section 3313.6032 of the Revised Code.
(B)
The board of education of each city, local, and exempted village
school district shall implement a student acceleration policy to take
effect beginning in the 2006-2007 school year. The policy shall
either be the model adopted by the department under division (A) of
this section or a policy covering similar issues that is adopted by
the district board. If the district board does not adopt the
department's model, it shall submit its policy to the department for
review and approval. The department, upon request, shall provide
technical assistance to the district board in developing the policy.
Sec.
3326.11.
Each
science, technology, engineering, and mathematics school established
under this chapter and its governing body shall comply with sections
9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19,
2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.24, 3301.948,
3302.037,
3302.131,
3313.14,
3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.473,
3313.474, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310,
3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014,
3313.6020, 3313.6021, 3313.6023, 3313.6024, 3313.6026, 3313.6028,
3313.6029, 3313.6031,
3313.6032,
3313.6034,
3313.61,
3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114,
3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67,
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717,
3313.718, 3313.719, 3313.7112, 3313.7117, 3313.7118, 3313.721,
3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818,
3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077,
3319.078, 3319.0812, 3319.21,
3319.2214,
3319.238,
3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39, 3319.391,
3319.393, 3319.41, 3319.45, 3319.46, 3319.614, 3319.90, 3320.01,
3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05, 3321.13,
3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3322.20,
3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and
5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 3365.,
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it
were a school district.
Section
2.
That
existing sections 3301.079, 3301.0714, 3301.0715, 3302.03, 3302.07,
3302.13, 3310.41, 3313.6028, 3313.90, 3314.03, 3317.25
,
3317.28
,
3324.10, and 3326.11 of the Revised Code are hereby repealed.
Section
3.
That
section 3313.6032 of the Revised Code is hereby repealed.
Section
4.
Not
later than thirty days after the effective date of this section, the
Department of Education and Workforce shall open an application
period to update its list of high-quality tutoring programs under
section 3301.136 of the Revised Code and update the list accordingly.
Section
5.
(A)
As used in this section, "classical school" has the same
meaning as in section 3301.0711 of the Revised Code.
(B)
Notwithstanding any provision of the Revised Code to the contrary,
any requirement regarding the science of reading for English language
arts curriculum, instructional materials, or reading intervention
programs does not apply to a classical school for the 2025-2026 or
2026-2027 school year.
Section
6.
For
the next request for qualifications issued by the Department of
Education and Workforce for the approval of diagnostic assessments
under section 3301.079 of the Revised Code that occurs after the
effective date of this section, the Department shall enter into a
contract with an entity to review the Department's selection of
diagnostic assessments before finalizing the approved lists.
Section
7.
Notwithstanding
anything to the contrary in section 3301.079 of the Revised Code, a
school district, community school established under Chapter 3314., or
STEM school established under Chapter 3326. of the Revised Code that
has a contract that existed prior to September 30, 2025, with a
provider for a reading diagnostic assessment approved under division
(D)(1) of section 3301.079 of the Revised Code, as it existed prior
to that date, may continue to use that provider's diagnostic
assessment. A school district or school shall cease using that
assessment when the terms of the contract expire, or by July 1, 2028,
whichever occurs first, or upon a review by the Department of
Education and Workforce that demonstrates that the assessment does
not meet the minimum requirements for the science of reading under
section 3313.6028 of the Revised Code. Not later than February 28,
2028, the Department shall submit a report to the Speaker of the
House of Representatives, the President of the Senate, and the
chairpersons of the standing committees of the House of
Representatives and the Senate that consider education legislation
regarding the number of school districts, community schools, and STEM
schools that used diagnostic assessments under this section.
Section
8.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:
Section
3314.03 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.
Section
3326.11 of the Revised Code as amended by both H.B. 10 and H.B. 96 of
the 136th General Assembly.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________