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sb443_00_IN
As Introduced
136th
General Assembly
Regular
Session
S. B. No. 443
2025-2026
Senators Blessing, Smith
Cosponsors: Senators Antonio, DeMora,
Weinstein
To
amend sections 3301.0711, 3310.03, 3310.13, 3310.14, 3310.15,
3313.618, 3313.619, 3313.976, 3314.03, 3319.324,
and
3326.11 and to enact sections
117.113,
3301.165,
3301.166, 3301.167, 3302.0311, and 3313.6612 of the Revised Code
to
enact the Take the Dough, We Gotta Know Act regarding chartered
nonpublic schools that participate in the Educational Choice and
Pilot Project scholarship programs and disciplinary record
requirements for schools.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3301.0711, 3310.03, 3310.13, 3310.14, 3310.15, 3313.618,
3313.619, 3313.976, 3314.03, 3319.324,
and
3326.11 be amended and sections
117.113,
3301.165,
3301.166, 3301.167, 3302.0311, and 3313.6612 of the Revised Code be
enacted to read as follows:
Sec.
117.113.
(A)
As used in this section:
(1)
"Public money" includes any funds a qualifying school
receives from the state for any of the following:
(a)
Participation in the educational choice scholarship program
established under sections 3310.01 to 3310.17 of the Revised Code or
the pilot project scholarship program established under sections
3313.974 to 3313.979 of the Revised Code;
(b)
Administrative and clerical cost reimbursements prescribed under
section 3317.063 of the Revised Code;
(c)
Auxiliary services reimbursements prescribed under section 3317.064
of the Revised Code.
(2)
"Qualifying school" has the same meaning as in section
3301.166 of the Revised Code.
(B)
Each fiscal year, the auditor of state shall audit the specific funds
or accounts of each qualifying school in the state into which public
money has been placed or deposited for that fiscal year.
Sec.
3301.0711.
(A)
The department of education and workforce shall:
(1)
Annually furnish to, grade, and score all assessments required by
divisions (A)(1) and (B)(1) of section 3301.0710 of the Revised Code
to be administered by city, local, exempted village, and joint
vocational school districts, except that each district shall score
any assessment administered pursuant to division (B)(10) of this
section. Each assessment so furnished shall include the data
verification code of the student to whom the assessment will be
administered, as assigned pursuant to division (D)(2) of section
3301.0714 of the Revised Code. In furnishing the practice versions of
Ohio graduation tests prescribed by division (D) of section 3301.0710
of the Revised Code, the department shall make the tests available on
its web site for reproduction by districts. In awarding contracts for
grading assessments, the department shall give preference to
Ohio-based entities employing Ohio residents.
(2)
Adopt rules for the ethical use of assessments and prescribing the
manner in which the assessments prescribed by section 3301.0710 of
the Revised Code shall be administered to students.
(B)
Except as provided in divisions (C) and (J) of this section, the
board of education of each city, local, and exempted village school
district shall, in accordance with rules adopted under division (A)
of this section:
(1)
Administer the English language arts assessments prescribed under
division (A)(1)(a) of section 3301.0710 of the Revised Code twice
annually to all students in the third grade who have not attained the
score designated for that assessment under division (A)(2)(c) of
section 3301.0710 of the Revised Code.
(2)
Administer the mathematics assessment prescribed under division
(A)(1)(a) of section 3301.0710 of the Revised Code at least once
annually to all students in the third grade.
(3)
Administer the assessments prescribed under division (A)(1)(b) of
section 3301.0710 of the Revised Code at least once annually to all
students in the fourth grade.
(4)
Administer the assessments prescribed under division (A)(1)(c) of
section 3301.0710 of the Revised Code at least once annually to all
students in the fifth grade.
(5)
Administer the assessments prescribed under division (A)(1)(d) of
section 3301.0710 of the Revised Code at least once annually to all
students in the sixth grade.
(6)
Administer the assessments prescribed under division (A)(1)(e) of
section 3301.0710 of the Revised Code at least once annually to all
students in the seventh grade.
(7)
Administer the assessments prescribed under division (A)(1)(f) of
section 3301.0710 of the Revised Code at least once annually to all
students in the eighth grade.
(8)
Except as provided in division (B)(9) of this section, administer any
assessment prescribed under division (B)(1) of section 3301.0710 of
the Revised Code as follows:
(a)
At least once annually to all tenth grade students and at least twice
annually to all students in eleventh or twelfth grade who have not
yet attained the score on that assessment designated under that
division;
(b)
To any person who has successfully completed the curriculum in any
high school or the individualized education program developed for the
person by any high school pursuant to section 3323.08 of the Revised
Code but has not received a high school diploma and who requests to
take such assessment, at any time such assessment is administered in
the district.
(9)
In lieu of the board of education of any city, local, or exempted
village school district in which the student is also enrolled, the
board of a joint vocational school district shall administer any
assessment prescribed under division (B)(1) of section 3301.0710 of
the Revised Code at least twice annually to any student enrolled in
the joint vocational school district who has not yet attained the
score on that assessment designated under that division. A board of a
joint vocational school district may also administer such an
assessment to any student described in division (B)(8)(b) of this
section.
(10)
If the district has a three-year average graduation rate of not more
than seventy-five per cent, administer each assessment prescribed by
division (D) of section 3301.0710 of the Revised Code in September to
all ninth grade students who entered ninth grade prior to July 1,
2014.
Except
as provided in section 3313.614 of the Revised Code for
administration of an assessment to a person who has fulfilled the
curriculum requirement for a high school diploma but has not passed
one or more of the required assessments, the assessments prescribed
under division (B)(1) of section 3301.0710 of the Revised Code shall
not be administered after the date specified in the rules adopted
under division (D)(1) of section 3301.0712 of the Revised Code.
(11)(a)
Except as provided in divisions (B)(11)(b) and (c) of this section,
administer the assessments prescribed by division (B)(2) of section
3301.0710 and section 3301.0712 of the Revised Code in accordance
with the timeline and plan for implementation of those assessments
prescribed by rule adopted under division (D)(1) of section 3301.0712
of the Revised Code;
(b)
A student who has presented evidence to the district or school of
having satisfied the condition prescribed by division (A)(1) of
section 3313.618 of the Revised Code to qualify for a high school
diploma prior to the date of the administration of the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code shall not be required to take that assessment. However, no board
shall prohibit a student who is not required to take such assessment
from taking the assessment.
(c)
A student shall not be required to retake the Algebra I end-of-course
examination or the English language arts II end-of-course examination
prescribed under division (B)(2) of section 3301.0712 of the Revised
Code in grades nine through twelve if the student demonstrates at
least a proficient level of skill, as prescribed under division
(B)(5)(a) of that section, or achieves a competency score, as
prescribed under division (B)(10) of that section, in an
administration of the examination prior to grade nine.
(C)(1)(a)
In the case of a student receiving special education services under
Chapter 3323. of the Revised Code, the individualized education
program developed for the student under that chapter shall specify
the manner in which the student will participate in the assessments
administered under this section, except that a student with
significant cognitive disabilities to whom an alternate assessment is
administered in accordance with division (C)(1) of this section and a
student determined to have a disability that includes an intellectual
disability as outlined in guidance issued by the department shall not
be required to take the assessment prescribed under division (B)(1)
of section 3301.0712 of the Revised Code. The individualized
education program may excuse the student from taking any particular
assessment required to be administered under this section if it
instead specifies an alternate assessment method approved by the
department as conforming to requirements of federal law for receipt
of federal funds for disadvantaged pupils. To the extent possible,
the individualized education program shall not excuse the student
from taking an assessment unless no reasonable accommodation can be
made to enable the student to take the assessment. No board shall
prohibit a student who is not required to take an assessment under
division (C)(1) of this section from taking the assessment.
(b)
Any alternate assessment approved by the department for a student
under this division shall produce measurable results comparable to
those produced by the assessment it replaces in order to allow for
the student's results to be included in the data compiled for a
school district or building under section 3302.03 of the Revised
Code.
(c)(i)
Any student enrolled in a chartered nonpublic school who has been
identified, based on an evaluation conducted in accordance with
section 3323.03 of the Revised Code or section 504 of the
"Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.
794, as amended, as a child with a disability shall be excused from
taking any particular assessment required to be administered under
this section if either of the following apply:
(I)
A plan developed for the student pursuant to rules adopted by the
department excuses the student from taking that assessment.
(II)
The chartered nonpublic school develops a written plan in which the
school, in consultation with the student's parents, determines that
an assessment or alternative assessment with accommodations does not
accurately assess the student's academic performance. The plan shall
include an academic profile of the student's academic performance and
shall be reviewed annually to determine if the student's needs
continue to require excusal from taking the assessment.
(ii)
A student with significant cognitive disabilities to whom an
alternate assessment is administered in accordance with division
(C)(1) of this section and a student determined to have a disability
that includes an intellectual disability as outlined in guidance
issued by the department shall not be required to take the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code.
(iii)
In the case of any student so excused from taking an assessment under
division (C)(1)(c) of this section, the chartered nonpublic school
shall not prohibit the student from taking the assessment.
(2)
A district board may, for medical reasons or other good cause, excuse
a student from taking an assessment administered under this section
on the date scheduled, but that assessment shall be administered to
the excused student not later than nine days following the scheduled
date. The district board shall annually report the number of students
who have not taken one or more of the assessments required by this
section to the department not later than the thirtieth day of June.
(3)
No school district board shall excuse any English learner from taking
any particular assessment required to be administered under this
section, except that any English learner who has been enrolled in
United States schools for less than two years and for whom no
appropriate accommodations are available based on guidance issued by
the department shall not be required to take the assessment
prescribed under division (B)(1) of section 3301.0712 of the Revised
Code.
However,
no board shall prohibit an English learner who is not required to
take that assessment from taking the assessment.
A
board may permit any English learner to take an assessment required
to be administered under this section with appropriate
accommodations, as determined by the department.
For
each English learner, each school district shall annually assess that
student's progress in learning English, in accordance with procedures
approved by the department.
The
guidance and procedures issued by the department for the purposes of
division (C)(3) of this section shall comply with the rules adopted
under section 3301.0731 of the Revised Code.
(4)(a)
The governing authority of a chartered nonpublic school may excuse an
English learner from taking any assessment administered under this
section.
(b)
No governing authority shall require an English learner who has been
enrolled in United States schools for less than two years and for
whom no appropriate accommodations are available based on guidance
issued by the department to take the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code.
(c)
No governing authority shall prohibit an English learner from taking
an assessment from which the student was excused under division
(C)(4) of this section.
(D)(1)
In the school year next succeeding the school year in which the
assessments prescribed by division (A)(1) or (B)(1) of section
3301.0710 of the Revised Code or former division (A)(1), (A)(2), or
(B) of section 3301.0710 of the Revised Code as it existed prior to
September 11, 2001, are administered to any student, the board of
education of any school district in which the student is enrolled in
that year shall provide to the student intervention services
commensurate with the student's performance, including any intensive
intervention required under section 3313.608 of the Revised Code, in
any skill in which the student failed to demonstrate at least a score
at the proficient level on the assessment.
(2)
Following any administration of the assessments prescribed by
division (D) of section 3301.0710 of the Revised Code to ninth grade
students, each school district that has a three-year average
graduation rate of not more than seventy-five per cent shall
determine for each high school in the district whether the school
shall be required to provide intervention services to any students
who took the assessments. In determining which high schools shall
provide intervention services based on the resources available, the
district shall consider each school's graduation rate and scores on
the practice assessments. The district also shall consider the scores
received by ninth grade students on the English language arts and
mathematics assessments prescribed under division (A)(1)(f) of
section 3301.0710 of the Revised Code in the eighth grade in
determining which high schools shall provide intervention services.
Each
high school selected to provide intervention services under this
division shall provide intervention services to any student whose
results indicate that the student is failing to make satisfactory
progress toward being able to attain scores at the proficient level
on the Ohio graduation tests. Intervention services shall be provided
in any skill in which a student demonstrates unsatisfactory progress
and shall be commensurate with the student's performance. Schools
shall provide the intervention services prior to the end of the
school year, during the summer following the ninth grade, in the next
succeeding school year, or at any combination of those times.
(E)
Except as provided in section 3313.608 of the Revised Code and
division (N) of this section, no school district board of education
shall utilize any student's failure to attain a specified score on an
assessment administered under this section as a factor in any
decision to deny the student promotion to a higher grade level.
However, a district board may choose not to promote to the next grade
level any student who does not take an assessment administered under
this section or make up an assessment as provided by division (C)(2)
of this section and who is not exempt from the requirement to take
the assessment under division (C)(3) of this section.
(F)
No person shall be charged a fee for taking any assessment
administered under this section.
(G)(1)
Each school district board shall designate one location for the
collection of assessments administered in the spring under division
(B)(1) of this section and those administered under divisions (B)(2)
to (7) of this section. Each district board shall submit the
assessments to the entity with which the department contracts for the
scoring of the assessments as follows:
(a)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was less than two
thousand five hundred, not later than the Friday after all of the
assessments have been administered;
(b)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was two thousand
five hundred or more, but less than seven thousand, not later than
the Monday after all of the assessments have been administered;
(c)
If the district's total enrollment in grades kindergarten through
twelve during the first full school week of October was seven
thousand or more, not later than the Tuesday after all of the
assessments have been administered.
However,
any assessment that a student takes during the make-up period
described in division (C)(2) of this section shall be submitted not
later than the Friday following the day the student takes the
assessment.
(2)
The department or an entity with which the department contracts for
the scoring of the assessment shall send to each school district
board a list of the individual scores of all persons taking a state
achievement assessment as follows:
(a)
Except as provided in division (G)(2)(b) or (c) of this section,
within forty-five days after the administration of the assessments
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code,
but in no case shall the scores be returned later than the thirtieth
day of June following the administration;
(b)
In the case of the third-grade English language arts assessment,
within forty-five days after the administration of that assessment,
but in no case shall the scores be returned later than the fifteenth
day of June following the administration;
(c)
In the case of the writing component of an assessment or
end-of-course examination in the area of English language arts,
except for the third-grade English language arts assessment, the
results may be sent after forty-five days of the administration of
the writing component, but in no case shall the scores be returned
later than the thirtieth day of June following the administration.
(3)
For assessments administered under this section by a joint vocational
school district, the department or entity shall also send to each
city, local, or exempted village school district a list of the
individual scores of any students of such city, local, or exempted
village school district who are attending school in the joint
vocational school district.
(4)
Beginning with the 2019-2020 school year, a school district, other
public school, or chartered nonpublic school may administer the
third-grade English language arts or mathematics assessment, or both,
in a paper format in any school year for which the district board of
education or school governing body adopts a resolution indicating
that the district or school chooses to administer the assessment in a
paper format. The board or governing body shall submit a copy of the
resolution to the department of education and workforce not later
than the first day of May prior to the school year for which it will
apply. If the resolution is submitted, the district or school shall
administer the assessment in a paper format to all students in the
third grade, except that any student whose individualized education
program or plan developed under section 504 of the "Rehabilitation
Act of 1973," 87 Stat. 355, 29 U.S.C. 794, as amended, specifies
that taking the assessment in an online format is an appropriate
accommodation for the student may take the assessment in an online
format.
(5)
A classical school may administer all assessments administered under
this section in a paper format, except that any student whose
individualized education program or plan developed under section 504
of the "Rehabilitation Act of 1973," 29 U.S.C. 794
specifies that taking the assessment in an online format is an
appropriate accommodation for the student may take the assessment in
an online format.
(H)
Individual scores on any assessments administered under this section
shall be released by a district board only in accordance with section
3319.321 of the Revised Code and the rules adopted under division (A)
of this section. No district board or its employees shall utilize
individual or aggregate results in any manner that conflicts with
rules for the ethical use of assessments adopted pursuant to division
(A) of this section.
(I)
Except as provided in division (G) of this section, the department or
an entity with which the department contracts for the scoring of the
assessment shall not release any individual scores on any assessment
administered under this section. The department shall adopt rules to
ensure the protection of student confidentiality at all times. The
rules may require the use of the data verification codes assigned to
students pursuant to division (D)(2) of section 3301.0714 of the
Revised Code to protect the confidentiality of student scores.
(J)
Notwithstanding division (D) of section 3311.52 of the Revised Code,
this section does not apply to the board of education of any
cooperative education school district except as provided under rules
adopted pursuant to this division.
(1)
In accordance with rules that the department shall adopt, the board
of education of any city, exempted village, or local school district
with territory in a cooperative education school district established
pursuant to divisions (A) to (C) of section 3311.52 of the Revised
Code may enter into an agreement with the board of education of the
cooperative education school district for administering any
assessment prescribed under this section to students of the city,
exempted village, or local school district who are attending school
in the cooperative education school district.
(2)
In accordance with rules that the department shall adopt, the board
of education of any city, exempted village, or local school district
with territory in a cooperative education school district established
pursuant to section 3311.521 of the Revised Code shall enter into an
agreement with the cooperative district that provides for the
administration of any assessment prescribed under this section to
both of the following:
(a)
Students who are attending school in the cooperative district and
who, if the cooperative district were not established, would be
entitled to attend school in the city, local, or exempted village
school district pursuant to section 3313.64 or 3313.65 of the Revised
Code;
(b)
Persons described in division (B)(8)(b) of this section.
Any
assessment of students pursuant to such an agreement shall be in lieu
of any assessment of such students or persons pursuant to this
section.
(K)(1)(a)
Except as otherwise provided in division (K)(1) or (2) of this
section, each chartered nonpublic school for which at least
sixty-five per cent of its total enrollment is made up of students
who are participating in state scholarship programs shall administer
the assessments prescribed by division (A) of section 3301.0710 of
the Revised Code
or an alternative standardized assessment determined by the
department
.
In accordance with procedures and deadlines prescribed by the
department, the parent or guardian of a student enrolled in the
school who is not participating in a state scholarship program may
submit notice to the chief administrative officer of the school that
the parent or guardian does not wish to have the student take the
assessments prescribed for the student's grade level under division
(A) of section 3301.0710 of the Revised Code. If a parent or guardian
submits an opt-out notice, the school shall not administer the
assessments to that student. This option does not apply to any
assessment required for a high school diploma under section 3313.612
of the Revised Code.
(b)
Any chartered nonpublic school that enrolls students who are
participating in state scholarship programs may administer an
alternative standardized assessment determined by the department
instead of the assessments prescribed by division (A) of section
3301.0710 of the Revised Code
to any student who satisfies one of the following conditions:
(i)
The student is participating in the autism scholarship program
established under section 3310.41 of the Revised Code.
(ii)
The student is participating in the Jon Peterson special needs
scholarship program established under sections 3310.51 to 3310.64 of
the Revised Code.
(iii)
The student is not participating in a state scholarship program
.
Each
chartered nonpublic school subject to division (K)(1)(a) or (b) of
this section shall report the results of each assessment administered
under those divisions to the department.
(2)
A chartered nonpublic school may submit to the director of education
and workforce a request for a waiver from administering the
elementary assessments prescribed by division (A) of section
3301.0710 of the Revised Code. The director shall approve or
disapprove a request for a waiver submitted under division (K)(2) of
this section.
To
be eligible to submit a request for a waiver, a chartered nonpublic
school shall meet the following conditions:
(a)
At least ninety-five per cent of the students enrolled in the school
are children with disabilities, as defined under section 3323.01 of
the Revised Code, or have received a diagnosis by a school district
or from a physician, including a neuropsychiatrist or psychiatrist,
or a psychologist who is authorized to practice in this or another
state as having a condition that impairs academic performance, such
as dyslexia, dyscalculia, attention deficit hyperactivity disorder,
or Asperger's syndrome.
(b)
The school has solely served a student population described in
division (K)(1)(a) of this section for at least ten years.
(c)
The school provides to the department at least five years of records
of internal testing conducted by the school that affords the
department data required for accountability purposes, including
diagnostic assessments and nationally standardized norm-referenced
achievement assessments that measure reading and math skills.
(3)
Any chartered nonpublic school that is not subject to division (K)(1)
of this section may participate in the assessment program by
administering any of the assessments prescribed by division (A) of
section 3301.0710 of the Revised Code. The chief administrator of the
school shall specify which assessments the school will administer.
Such specification shall be made in writing to the director prior to
the first day of August of any school year in which assessments are
administered and shall include a pledge that the nonpublic school
will administer the specified assessments in the same manner as
public schools are required to do under this section and rules
adopted by the department.
(4)
The department shall furnish the assessments prescribed by section
3301.0710 of the Revised Code to each chartered nonpublic school that
is subject to division (K)(1) of this section or participates under
division (K)(3) of this section.
(L)
If a chartered nonpublic school is educating students in grades nine
through twelve, the following shall apply:
(1)
Except as provided in division (L)(4) of this section, for a student
who is enrolled in a chartered nonpublic school that is accredited
through the independent schools association of the central states and
who is attending the school under a state scholarship program
that is not a general education state scholarship program
,
the student shall either take all of the assessments prescribed by
division (B) of section 3301.0712 of the Revised Code or take an
alternative assessment approved by the department under section
3313.619 of the Revised Code.
A
student attending the school under a general education state
scholarship program shall take all of the assessments prescribed
under division (B) of section 3301.0712 of the Revised Code.
However,
a student who is excused from taking an assessment under division (C)
of this section or has presented evidence to the chartered nonpublic
school of having satisfied the condition prescribed by division
(A)(1) of section 3313.618 of the Revised Code to qualify for a high
school diploma prior to the date of the administration of the
assessment prescribed under division (B)(1) of section 3301.0712 of
the Revised Code shall not be required to take that assessment. No
governing authority of a chartered nonpublic school shall prohibit a
student who is not required to take such assessment from taking the
assessment.
(2)
For a student who is enrolled in a chartered nonpublic school that is
accredited through the independent schools association of the central
states, and who is not attending the school under a state scholarship
program, the student shall not be required to take any assessment
prescribed under section 3301.0712 or 3313.619 of the Revised Code.
(3)(a)
Except as provided in divisions (L)(3)(b) and (4) of this section,
for a student who is enrolled in a chartered nonpublic school that is
not accredited through the independent schools association of the
central states,
regardless
of whether
either
of the following apply to that student:
(i)
If
the
student is
attending
or is not attending the school under a state
participating
in a general education state scholarship program, the student shall
take all of the assessments prescribed by division (B) of section
3301.0712 of the Revised Code.
(ii)
If the student is not participating in a general education state
scholarship
program, the student shall do one of the following:
(i)
(I)
Take all of the assessments prescribed by division (B) of section
3301.0712 of the Revised Code;
(ii)
(II)
Take only the assessment prescribed by division (B)(1) of section
3301.0712 of the Revised Code, provided that the student's school
publishes the results of that assessment for each graduating class.
The published results of that assessment shall include the overall
composite scores, mean scores, twenty-fifth percentile scores, and
seventy-fifth percentile scores for each subject area of the
assessment.
(iii)
(III)
Take an alternative assessment approved by the department under
section 3313.619 of the Revised Code.
(b)
A student who is excused from taking an assessment under division (C)
of this section or has presented evidence to the chartered nonpublic
school of having satisfied the condition prescribed by division
(A)(1) of section 3313.618 of the Revised Code to qualify for a high
school diploma prior to the date of the administration of the
assessment prescribed under division (B)(1) of section 3301.0712 of
the Revised Code shall not be required to take that assessment. No
governing authority of a chartered nonpublic school shall prohibit a
student who is not required to take such assessment from taking the
assessment.
(4)
The assessments prescribed by sections 3301.0712 and 3313.619 of the
Revised Code shall not be administered to any student attending the
school, if the school meets all of the following conditions:
(a)
At least ninety-five per cent of the students enrolled in the school
are children with disabilities, as defined under section 3323.01 of
the Revised Code, or have received a diagnosis by a school district
or from a physician, including a neuropsychologist or psychiatrist,
or a psychologist who is authorized to practice in this or another
state as having a condition that impairs academic performance, such
as dyslexia, dyscalculia, attention deficit hyperactivity disorder,
or Asperger's syndrome.
(b)
The school has solely served a student population described in
division (L)(4)(a) of this section for at least ten years.
(c)
The school makes available to the department at least five years of
records of internal testing conducted by the school that affords the
department data required for accountability purposes, including
growth in student achievement in reading or mathematics, or both, as
measured by nationally norm-referenced assessments that have
developed appropriate standards for students.
Division
(L)(4) of this section applies to any student attending such school
regardless of whether the student receives special education or
related services and regardless of whether the student is attending
the school under a state scholarship program.
(M)(1)
The superintendent of Ohio deaf and blind education services shall
administer the assessments described by sections 3301.0710 and
3301.0712 of the Revised Code for the state school for the blind and
the state school for the deaf. The superintendent of Ohio deaf and
blind education services shall administer the assessments in the same
manner as district boards are required to do under this section and
rules adopted by the department and in conformity with division
(C)(1)(a) of this section.
(2)
The department shall furnish the assessments described by sections
3301.0710 and 3301.0712 of the Revised Code to the superintendent of
Ohio deaf and blind education services.
(N)
Notwithstanding division (E) of this section, a school district may
use a student's failure to attain a score in at least the proficient
range on the mathematics assessment described by division (A)(1)(a)
of section 3301.0710 of the Revised Code or on an assessment
described by division (A)(1)(b), (c), (d), (e), or (f) of section
3301.0710 of the Revised Code as a factor in retaining that student
in the current grade level.
(O)(1)
In the manner specified in divisions (O)(3) and (4) of this section,
the assessments required by division (A)(1) of section 3301.0710 of
the Revised Code shall become public records pursuant to section
149.43 of the Revised Code on the thirty-first day of July following
the school year that the assessments were administered.
(2)
The department may field test proposed questions with samples of
students to determine the validity, reliability, or appropriateness
of questions for possible inclusion in a future year's assessment.
The department also may use anchor questions on assessments to ensure
that different versions of the same assessment are of comparable
difficulty.
Field
test questions and anchor questions shall not be considered in
computing scores for individual students. Field test questions and
anchor questions may be included as part of the administration of any
assessment required by division (A)(1) or (B) of section 3301.0710
and division (B) of section 3301.0712 of the Revised Code.
(3)
Any field test question or anchor question administered under
division (O)(2) of this section shall not be a public record. Such
field test questions and anchor questions shall be redacted from any
assessments which are released as a public record pursuant to
division (O)(1) of this section.
(4)
Division (O)(4) of this section applies to the assessments prescribed
by division (A) of section 3301.0710 and division (B)(2) of section
3301.0712 of the Revised Code.
Beginning
with the assessments administered in the spring of the 2025-2026
school year, the department shall determine which questions on each
assessment that are used to compute a student's score are a public
record, if any. The department shall determine which questions will
be needed for reuse on a future assessment and those questions shall
not be public records and shall be redacted from the assessment prior
to its release as a public record. However, for each redacted
question, the department shall inform each city, local, and exempted
village school district of the corresponding statewide academic
standard adopted under section 3301.079 of the Revised Code and the
corresponding benchmark to which the question relates. The department
is not required to provide corresponding standards and benchmarks to
field test questions that are redacted under division (O)(3) of this
section.
(P)
As used in this section:
(1)
"Three-year average" means the average of the most recent
consecutive three school years of data.
(2)
"Dropout" means a student who withdraws from school before
completing course requirements for graduation and who is not enrolled
in an education program approved by the department or an education
program outside the state. "Dropout" does not include a
student who has departed the country.
(3)
"Graduation rate" means the ratio of students receiving a
diploma to the number of students who entered ninth grade four years
earlier. Students who transfer into the district are added to the
calculation. Students who transfer out of the district for reasons
other than dropout are subtracted from the calculation. If a student
who was a dropout in any previous year returns to the same school
district, that student shall be entered into the calculation as if
the student had entered ninth grade four years before the graduation
year of the graduating class that the student joins.
(4)
"State scholarship programs" means the educational choice
scholarship pilot program established under sections 3310.01 to
3310.17 of the Revised Code, the autism scholarship program
established under section 3310.41 of the Revised Code, the Jon
Peterson special needs scholarship program established under sections
3310.51 to 3310.64 of the Revised Code, and the pilot project
scholarship program established under sections 3313.974 to 3313.979
of the Revised Code.
(5)
"Other public school" means a community school established
under Chapter 3314., a STEM school established under Chapter 3326.,
or a college-preparatory boarding school established under Chapter
3328. of the Revised Code.
(6)
"English learner" has the same meaning as in section
3301.0731 of the Revised Code.
(7)
"Classical school" means a community school established
under Chapter 3314. of the Revised Code that is a member of the Ohio
classical school association, or its successor organization, and uses
a curriculum substantially similar to that of a nationally recognized
classical school network.
(8)
"General education state scholarship program" has the same
meaning as in section 3301.165 of the Revised Code.
Sec.
3301.165.
(A)
As used in this section:
(1)
"General education state scholarship program" means the
educational choice scholarship pilot program established under
sections 3310.01 to 3310.17 of the Revised Code or the pilot project
scholarship program established under sections 3313.974 to 3313.979
of the Revised Code.
(2)
"Information technology center" means an information
technology center established under section 3301.075 of the Revised
Code.
(3)
"Scholarship student" means a student who is participating
in a general education state scholarship program.
(B)
Annually, each chartered nonpublic school that enrolls scholarship
students shall submit to the department of education and workforce,
in a form and manner prescribed by the department, a report regarding
expenditures the school made using the state funds it received under
a general education state scholarship program in that school year.
The department shall post each report it receives on its publicly
accessible web site.
A
chartered nonpublic school may contract with an information
technology center for assistance with complying with the reporting
requirement prescribed under this division.
Sec.
3301.166.
(A)
As used in this section:
(1)
"Community school" means a community school established
under Chapter 3314. of the Revised Code.
(2)
"Qualifying school" means a chartered nonpublic school of
which at least ten per cent of its total enrollment is made up of
scholarship students.
(3)
"Scholarship student" has the same meaning as in section
3301.165 of the Revised Code.
(4)
"STEM school" means a STEM school established under Chapter
3326. of the Revised Code.
(B)
Each chartered nonpublic school that enrolls scholarship students
shall include in its admission procedure a method to determine which
students to admit if the number of applicants for a grade level,
school building, or education program exceeds the school's capacity.
Each school shall report to the department of education and
workforce, in a form and manner established by the department, its
method for such determinations.
(C)
Annually, each qualifying school shall do all of the following:
(1)
Report to the department, in a form and manner established by the
department, all of the following for the school year:
(a)
The school's total enrollment and its capacity limits by grade level,
school building, and education program;
(b)
The number of scholarship students enrolled in the school. The
department also shall disaggregate that number of students by
whether, in the prior school year, the students were enrolled in one
of the following:
(i)
That school;
(ii)
A different chartered nonpublic school;
(iii)
A nonchartered nonpublic school;
(iv)
A municipal, city, local, or exempted village school district;
(v)
A community school;
(vi)
A STEM school;
(vii)
If the student was not enrolled in a district or school in the prior
school year, whether either of the following apply to the student:
(I)
The student, in the prior school year, was exempted from attendance
at school for the purpose of home education under section 3321.042 of
the Revised Code.
(II)
The student, in the current school year, is enrolling in school in
this state for the first time.
(c)
The number of scholarship students enrolled in the school for each of
the five most recent school years;
(d)
The number of enrolled students with disabilities, disaggregated by
disability category as described in section 3317.013 of the Revised
Code;
(e)
The number of enrolled students who are English learners, as defined
in section 3301.0731 of the Revised Code;
(f)
The number of enrolled students who are homeless;
(g)
The number of students who left the school in the prior school year
without completing the school year or the student's planned course of
study and that number presented as a percentage of the school's total
enrolled students;
(h)
The tuition and fees charged by the school and a five-year cost trend
of those charges;
(i)
Services the school offers for students with individualized education
programs developed under Chapter 3323. of the Revised Code or plans
developed under Section 504 of the "Rehabilitation Act of 1973,"
29 U.S.C. 794;
(j)
Any religious or faith-based instruction provided by the school;
(k)
The name of the school's accrediting body, if any, and the school's
most recent accreditation or evaluation report.
(2)
Publish the information it reports to the department under divisions
(C)(1)(b), (c), and (h) of this section on the school's publicly
accessible web site;
(3)
Certify to the department its compliance with the criminal records
check requirements for school employees established under Chapter
3319. of the Revised Code.
(D)
Each qualifying school shall submit a weekly report to the department
on the attendance of enrolled scholarship students.
Sec.
3301.167.
(A)
As used in this section:
(1)
"Adjusted gross income" has the same meaning as in section
5747.01 of the Revised Code.
(2)
"Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.
(3)
"Community school" means a community school established
under Chapter 3314. of the Revised Code.
(4)
"Scholarship student" has the same meaning as in section
3301.165 of the Revised Code.
(5)
"STEM school" means a STEM school established under Chapter
3326. of the Revised Code.
(B)
The department of education and workforce shall establish a system by
which an individual may compare the performance data of scholarship
students enrolled in a chartered nonpublic school with the
performance data of similar students enrolled in the school district
in which the school is located. The department shall make the system
available on its publicly accessible web site.
In
calculating the performance of similar students under this section,
the department shall consider age, grade, race and ethnicity, gender,
and socioeconomic status.
(C)(1)
Annually, the department shall post on its publicly accessible web
site the number of scholarship students disaggregated according to
the following categories:
(a)
Students with a family adjusted gross income at or below two hundred
per cent of the federal poverty guidelines;
(b)
Students with a family adjusted gross income above two hundred per
cent of the federal poverty guidelines, but at or below four hundred
fifty per cent of the federal poverty guidelines;
(c)
Students with a family adjusted gross income above four hundred fifty
per cent of the federal poverty guidelines, but at or below five
hundred per cent of the federal poverty guidelines;
(d)
Students with a family adjusted gross income above five hundred per
cent of the federal poverty guidelines, but at or below five hundred
fifty per cent of the federal poverty guidelines;
(e)
Students with a family adjusted gross income above five hundred fifty
per cent of the federal poverty guidelines, but at or below six
hundred per cent of the federal poverty guidelines;
(f)
Students with a family adjusted gross income above six hundred per
cent of the federal poverty guidelines, but at or below six hundred
fifty per cent of the federal poverty guidelines;
(g)
Students with a family adjusted gross income above six hundred fifty
per cent of the federal poverty guidelines, but at or below seven
hundred per cent of the federal poverty guidelines;
(h)
Students with a family adjusted gross income above seven hundred per
cent of the federal poverty guidelines, but at or below seven hundred
fifty per cent of the federal poverty guidelines;
(i)
Students with a family adjusted gross income above seven hundred
fifty per cent of the federal poverty guidelines.
The
department may disaggregate data under division (C)(1) of this
section according to other categories that the department determines
are appropriate.
(2)
The department of education and workforce shall request from the
department of taxation any data necessary for the department of
education and workforce to compute and post data as required under
division (C)(1) of this section.
Sec.
3302.0311.
As
used in this section, "qualifying school" has the same
meaning as in section 3301.166 of the Revised Code,
The
department of education and workforce shall establish a report card
for qualifying schools. To the extent practicable, the department
shall make that report card similar to the report card issued under
section 3302.03 of the Revised Code. The department annually shall
issue a report card for each qualifying school not later than the
fifteenth day of September or the preceding Friday when that day
falls on Saturday or Sunday. The department shall include in the
report card issued for a qualifying school the reports the school is
required to make to the department under sections 3301.165 and
3301.166 of the Revised Code.
Sec.
3310.03.
For
the 2021-2022 school year and each school year thereafter, subject to
division (G) of this section, a student is an "eligible student"
for purposes of the educational choice scholarship pilot program if
the student's resident district is not a school district in which the
pilot project scholarship program is operating under sections
3313.974 to 3313.979 of the Revised Code, the student satisfies one
of the conditions in division (A), (B), or (C) of this section, and
the student maintains eligibility to receive a scholarship under
division (D) of this section.
However,
any student who received a scholarship for the 2020-2021 school year
under this section, as it existed prior to March 2, 2021, shall
continue to receive that scholarship until the student completes
grade twelve, as long as the student maintains eligibility to receive
a scholarship under division (D) of this section.
(A)(1)
A student is eligible for a scholarship if the student is enrolled in
a school building operated by the student's resident district and to
which both of the following apply:
(a)
The building was ranked in the lowest twenty per cent of all
buildings operated by city, local, and exempted village school
districts according to performance index score as determined by the
department of education and workforce, as follows:
(i)
For a scholarship sought for the 2021-2022 or 2022-2023 school year,
the building was ranked in the lowest twenty per cent of buildings
for each of the 2017-2018 and 2018-2019 school years.
(ii)
For a scholarship sought for the 2023-2024 school year, the building
was ranked in the lowest twenty per cent of buildings for each of the
2018-2019 and 2021-2022 school years.
(iii)
For a scholarship sought for the 2024-2025 school year, the building
was ranked in the lowest twenty per cent of buildings for each of the
2021-2022 and 2022-2023 school years.
(iv)
For a scholarship sought for the 2025-2026 school year or any school
year thereafter, the building was ranked in the lowest twenty per
cent of buildings for at least two of the three most recent
consecutive rankings issued prior to the first day of July of the
school year for which a scholarship is sought.
(b)
The building is operated by a school district in which, for the three
consecutive school years prior to the school year for which a
scholarship is sought, an average of twenty per cent or more of the
students entitled to attend school in the district, under section
3313.64 or 3313.65 of the Revised Code, were qualified to be included
in the formula to distribute funds under Title I of the "Elementary
and Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.
When
ranking school buildings under division (A)(1) of this section, the
department shall not include buildings operated by a school district
in which the pilot project scholarship program is operating in
accordance with sections 3313.974 to 3313.979 of the Revised Code.
(2)
A student is eligible for a scholarship if the student will be
enrolling in any of grades kindergarten through twelve in this state
for the first time in the school year for which a scholarship is
sought, will be at least five years of age, as defined in section
3321.01 of the Revised Code, by the first day of January of the
school year for which a scholarship is sought, and otherwise would be
assigned under section 3319.01 of the Revised Code in the school year
for which a scholarship is sought, to a school building described in
division (A)(1) of this section.
(3)
A student is eligible for a scholarship if the student is enrolled in
a community school established under Chapter 3314. of the Revised
Code but otherwise would be assigned under section 3319.01 of the
Revised Code to a building described in division (A)(1) of this
section.
(4)
A student is eligible for a scholarship if the student is enrolled in
a school building operated by the student's resident district or in a
community school established under Chapter 3314. of the Revised Code
and otherwise would be assigned under section 3319.01 of the Revised
Code to a school building described in division (A)(1) of this
section in the school year for which the scholarship is sought.
(5)
A student is eligible for a scholarship if the student was enrolled
in a public or nonpublic school or was homeschooled in the prior
school year and completed any of grades eight through eleven in that
school year and otherwise would be assigned under section 3319.01 of
the Revised Code to a school building described in division (A)(1) of
this section in the school year for which the scholarship is sought.
(B)
A student is eligible for a scholarship if the student is enrolled in
a nonpublic school at the time the school is granted a charter by the
director of education and workforce under section 3301.16 of the
Revised Code and the student meets the standards of division (B) of
section 3310.031 of the Revised Code.
(C)
A student is eligible for a scholarship if the student's resident
district is subject to section 3302.10 of the Revised Code and the
student either:
(1)
Is enrolled in a school building operated by the resident district or
in a community school established under Chapter 3314. of the Revised
Code;
(2)
Will be both enrolling in any of grades kindergarten through twelve
in this state for the first time and at least five years of age by
the first day of January of the school year for which a scholarship
is sought.
(D)
A student who receives a scholarship under the educational choice
scholarship pilot program remains an eligible student and may
continue to receive scholarships in subsequent school years until the
student completes grade twelve, so long as all of the following
apply:
(1)
The student's resident district remains the same, or the student
transfers to a new resident district and otherwise would be assigned
in the new resident district to a school building described in
division (A)(1) or (C) of this section.
(2)
The student takes each assessment prescribed for the student's grade
level under section 3301.0710
,
or
3301.0712
,
or 3313.619
of the Revised Code while enrolled in a chartered nonpublic school,
unless one of the following applies to the student:
(a)
The student is excused from taking that assessment under federal law,
the student's individualized education program, or division
(C)(1)(c)(i) of section 3301.0711 of the Revised Code.
(b)
The student is enrolled in a chartered nonpublic school that meets
the conditions specified in division (K)(2) or (L)(4) of section
3301.0711 of the Revised Code.
(c)
The
student is enrolled in any of grades three to eight and takes an
alternative standardized assessment under division (K)(1) of section
3301.0711 of the Revised Code.
(d)
The
student is excused from taking the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code pursuant to
division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
(3)
In each school year that the student is enrolled in a chartered
nonpublic school, the student is absent from school for not more than
twenty days that the school is open for instruction, not including
excused absences.
(E)(1)
The department shall cease awarding first-time scholarships pursuant
to divisions (A)(1) to (5) of this section with respect to a school
building that, in the most recent ratings of school buildings under
section 3302.03 of the Revised Code prior to the first day of July of
the school year, ceases to meet the criteria in division (A)(1) of
this section.
(2)
The department shall cease awarding first-time scholarships pursuant
to division (C) of this section with respect to a school district
subject to section 3302.10 of the Revised Code when the academic
distress commission established for the district ceases to exist.
(3)
However, students who have received scholarships in the prior school
year remain eligible students pursuant to division (D) of this
section.
(F)
The department shall adopt rules defining excused absences for
purposes of division (D)(3) of this section.
(G)
Notwithstanding anything to the contrary in this section or section
3310.031 of the Revised Code, a student shall not be required to be
enrolled or enrolling in a school building operated by the student's
resident district or a community school in order to be eligible for a
scholarship, as follows:
(1)
For a scholarship sought for the 2021-2022 school year, a student
entering any of grades kindergarten through two;
(2)
For a scholarship sought for the 2022-2023 school year, a student
entering any of grades kindergarten through four;
(3)
For a scholarship sought for the 2023-2024 school year, a student
entering any of grades kindergarten through six;
(4)
For a scholarship sought for the 2024-2025 school year, a student
entering any of grades kindergarten through eight;
(5)
For a scholarship sought for the 2025-2026 school year, and each
school year thereafter, a student entering any of grades kindergarten
through twelve.
(H)
Except as provided for in section 3310.13 of the Revised Code and in
division (C)(2) of section 3365.07 of the Revised Code, the
department shall not require the parent of a student who applies for
or receives a scholarship under this section or section 3310.033,
3310.034, or 3310.035 of the Revised Code to complete any kind of
income verification regarding the student's family income.
Sec.
3310.13.
(A)
No chartered nonpublic school shall charge any student whose family
income is at or below two hundred per cent of the federal poverty
guidelines, as defined in section 5101.46 of the Revised Code, a
tuition fee that is greater than the total amount paid for that
student under section 3317.022 of the Revised Code.
(B)
A chartered nonpublic school may charge any other student who is paid
a scholarship under that section up to the difference between the
amount of the scholarship and the regular tuition charge of the
school. Each chartered nonpublic school may permit such an eligible
student's family to provide volunteer services in lieu of cash
payment to pay all or part of the amount of the school's tuition not
covered by the scholarship paid under section 3317.022 of the Revised
Code.
(C)
Each chartered nonpublic school that charges a scholarship student an
additional amount as authorized under division (B) of this section
shall annually report to the department of education and workforce in
the manner prescribed by the department the following:
(1)
The number of students charged;
(2)
The average of the amounts charged to such students.
(D)
On and after July 1, 2024, the department shall not require the
parent of a student to submit a complete copy of the parent's federal
income tax return, or a return filed under section 5747.08 of the
Revised Code, to determine a student's family income for the purposes
of the educational choice scholarship pilot program. Rather, the
department may require a parent to submit a partial federal income
tax return, or a return filed under section 5747.08 of the Revised
Code, that only contains the minimum amount of information necessary
to determine a student's family income.
(E)
No chartered nonpublic school participating in the educational choice
scholarship pilot program shall require the parent of a student to
disclose, as part of the school's admission procedure, whether the
student's family income is at or below two hundred per cent of the
federal poverty guidelines.
(F)
A chartered nonpublic school may accept scholarships issued by a
scholarship granting organization authorized under section 5747.73 of
the Revised Code as payment for the difference between the amount of
the scholarship paid under section 3317.022 of the Revised Code and
the regular tuition charge of the school, as well as for any fees
regularly charged by the school.
Each
such school shall report annually to the department the family income
of each student who receives a scholarship from a scholarship
granting organization described in this division.
(G)
Not later than the thirtieth day of June of each year, each chartered
nonpublic school that enrolls students who receive educational choice
scholarships shall submit to the department of education and
workforce, in a form and manner prescribed by the department, the
tuition rates charged by the school for the following school year.
Sec.
3310.14.
(A)
Except as provided in division (B) of this section, each chartered
nonpublic school that is not subject to division (K)(1) of section
3301.0711 of the Revised Code and enrolls students awarded
scholarships under sections 3310.01 to 3310.17 of the Revised Code
annually shall administer the assessments prescribed by section
3301.0710
,
or
3301.0712
,
or 3313.619
of the Revised Code, as applicable, to each scholarship student
enrolled in the school in accordance with section 3301.0711 of the
Revised Code. Each chartered nonpublic school that is subject to this
section shall report to the department of education and workforce the
results of each assessment administered to each scholarship student
under this section.
Nothing
in this section requires a chartered nonpublic school to administer
any achievement assessment, except for an Ohio graduation test
prescribed by division (B)(1) of section 3301.0710 or the college and
work ready assessment system prescribed by division (B) of section
3301.0712 of the Revised Code to any student enrolled in the school
who is not a scholarship student.
(B)
A chartered nonpublic school that meets the conditions specified in
division (K)(2) of section 3301.0711 of the Revised Code shall not be
required to administer the elementary assessments prescribed by
division (A) of section 3301.0710 of the Revised Code.
Sec.
3310.15.
(A)
The department of education and workforce annually shall compile the
scores attained by scholarship students to whom an assessment is
administered under section 3310.14 of the Revised Code. The scores
shall be aggregated as follows:
(1)
By state, which shall include all students awarded a scholarship
under the educational choice scholarship pilot program and who were
required to take an assessment under section 3310.14 of the Revised
Code;
(2)
By school district, which shall include all scholarship students who
were required to take an assessment under section 3310.14 of the
Revised Code and for whom the district is the student's resident
district;
(3)
By chartered nonpublic school, which shall include all scholarship
students enrolled in that school who were required to take an
assessment under section 3310.14 of the Revised Code.
(B)
The department shall disaggregate the student performance data
described in division (A) of this section according to the following
categories:
(1)
Grade level;
(2)
Race and ethnicity;
(3)
Gender;
(4)
Students who have participated in the scholarship program for three
or more years;
(5)
Students who have participated in the scholarship program for more
than one year and less than three years;
(6)
Students who have participated in the scholarship program for one
year or less;
(7)
Economically disadvantaged students.
(C)
The department shall post the student performance data required under
divisions (A) and (B) of this section on its web site and, by the
first
fifteenth
day
of
February
September
or the preceding Friday when that day falls on a Saturday or Sunday
each
year, shall distribute that data to the parent of each eligible
student. In reporting student performance data under this division,
the department shall not include any data that is statistically
unreliable or that could result in the identification of individual
students. For this purpose, the department shall not report
performance data for any group that contains less than ten students.
Not
later than July 1, 2025, the department shall develop a measure of
student growth for scholarship students enrolled in chartered
nonpublic schools. The measure of student growth shall be used to
report data annually on student growth for students in grades four
through eight during the school year in which data is reported. No
data shall be reported for schools with fewer than ten scholarship
students. The department shall make the growth reports available on
its publicly accessible web site.
(D)
The department shall provide the parent of each scholarship student
with information comparing the student's performance on the
assessments administered under section 3310.14 of the Revised Code
with the average performance of similar students enrolled in the
building operated by the student's resident district that the
scholarship student would otherwise attend. In calculating the
performance of similar students, the department shall consider age,
grade, race and ethnicity, gender, and socioeconomic status.
Sec.
3313.618.
(A)
In addition to the curriculum requirements specified by the board of
education of a school district or governing authority of a chartered
nonpublic school, each student entering ninth grade for the first
time on or after July 1, 2014, but prior to July 1, 2019, shall
satisfy at least one of the following conditions or the conditions
prescribed under division (B) of this section in order to qualify for
a high school diploma:
(1)
Be remediation-free, in accordance with standards adopted under
division (F) of section 3345.061 of the Revised Code, on each of the
nationally standardized assessments in English, mathematics, and
reading;
(2)
Attain a score specified under division (B)(5)(c) of section
3301.0712 of the Revised Code on the end-of-course examinations
prescribed under division (B) of section 3301.0712 of the Revised
Code.
(3)
Attain a score that demonstrates workforce readiness and
employability on a nationally recognized job skills assessment
selected by the department of education and workforce under division
(F) of section 3301.0712 of the Revised Code and obtain either an
industry-recognized credential or a license issued by a state agency
or board for practice in a vocation that requires an examination for
issuance of that license.
For
the purposes of this division, the industry-recognized credentials
and licenses shall be as approved under section 3313.6113 of the
Revised Code.
A
student may choose to qualify for a high school diploma by satisfying
any of the separate requirements prescribed by divisions (A)(1) to
(3) of this section. If the student's school district or school does
not administer the examination prescribed by one of those divisions
that the student chooses to take to satisfy the requirements of this
section, the school district or school may require that student to
arrange for the applicable scores to be sent directly to the district
or school by the company or organization that administers the
examination.
(B)
In addition to the curriculum requirements specified by the district
board or school governing authority, each student entering ninth
grade for the first time on or after July 1, 2019, shall satisfy the
following conditions in order to qualify for a high school diploma:
(1)
Attain a competency score as determined under division (B)(10) of
section 3301.0712 of the Revised Code on each of the Algebra I and
English language arts II end-of-course examinations prescribed under
division (B)(2) of section 3301.0712 of the Revised Code.
School
districts and chartered nonpublic schools shall offer remedial
support to any student who fails to attain a competency score on one
or both of the Algebra I and English language arts II end-of-course
examinations.
Following
the first administration of the exam, if a student fails to attain a
competency score on one or both of the Algebra I and English language
arts II end-of-course examinations that student must retake the
respective examination at least once.
If
a student fails to attain a competency score on a retake examination,
the student may demonstrate competency in the failed subject area
through one of the following options:
(a)
Earn course credit taken through the college credit plus program
established under Chapter 3365. of the Revised Code in the failed
subject area;
(b)
Complete two of the following options, one of which must be
foundational:
(i)
Foundational options to demonstrate competency, which include earning
a cumulative score of proficient or higher on three or more state
technical assessments aligned with section 3313.903 of the Revised
Code in a single career pathway, obtaining an industry-recognized
credential, or group of credentials, approved under section 3313.6113
of the Revised Code that meet the criteria established under that
section to qualify for a high school diploma, obtaining a license
approved under section 3313.6113 of the Revised Code that is issued
by a state agency or board for practice in a vocation that requires
an examination for issuance of that license, completing a
pre-apprenticeship aligned with options established under section
3313.904 of the Revised Code in the student's chosen career field,
completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
student's chosen career field, or providing evidence of acceptance
into an apprenticeship program after high school that is restricted
to participants eighteen years of age or older;
(ii)
Supporting options to demonstrate competency, which include
completing two hundred fifty hours of a work-based learning
experience with evidence of positive evaluations, obtaining an
OhioMeansJobs-readiness seal under section 3313.6112 of the Revised
Code, or attaining a workforce readiness score, as determined by the
department, on the nationally recognized job skills assessment
selected by the department under division (F) of section 3301.0712 of
the Revised Code.
(c)
Provide evidence that the student has enlisted in a branch of the
armed services of the United States as defined in section 5910.01 of
the Revised Code.
(d)
Be remediation-free, in accordance with standards adopted under
division (F) of section 3345.061 of the Revised Code, in the failed
subject area on a nationally standardized assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code. For English
language arts II, a student must be remediation-free in the subjects
of English and reading on the nationally standardized assessment.
Subject
to division (L)(2) of section 3313.61 of the Revised Code, for any
students receiving special education and related services under
Chapter 3323. of the Revised Code, the individualized education
program developed for the student under that chapter shall specify
the manner in which the student will participate in the assessments
administered under this division or an alternate assessment in
accordance with division (C)(1) of section 3301.0711 of the Revised
Code.
(2)
Earn at least two of the state diploma seals prescribed under
division (A) of section 3313.6114 of the Revised Code, at least one
of which shall be any of the following:
(a)
The state seal of biliteracy established under section 3313.6111 of
the Revised Code;
(b)
The OhioMeansJobs-readiness seal established under section 3313.6112
of the Revised Code;
(c)
One of the state diploma seals established under divisions (C)(1) to
(7) of section 3313.6114 of the Revised Code.
(C)(1)
A student who transfers into an Ohio public or chartered nonpublic
high school from another state or enrolls in such a high school after
receiving home education or attending a nonchartered,
nontax-supported school in the previous school year shall meet the
requirements of division (B)
or
(D)
of
this section, as applicable, in order to qualify for a high school
diploma. However, any student subject to division (B) of this section
who transfers or enrolls after the start of the student's twelfth
grade year and fails to attain a competency score on the Algebra I or
English language arts II end-of-course examination shall not be
required to retake the applicable examination prior to demonstrating
competency in the failed subject area under the options prescribed in
divisions (B)(1)(a) to (d) of this section.
(2)
The department shall prescribe standards that allow a transfer
student who, prior to the student's transfer, took an assessment
described in division (B)(1) or (2) of section 3301.0712 or section
3313.619 of the Revised Code to apply the score from that assessment
towards graduation requirements at the student's new public or
chartered nonpublic school.
(D)
Notwithstanding division (B) of this section, in addition to the
curriculum requirements specified by the school governing authority,
a chartered nonpublic school student subject to division
(L)(3)(a)(ii)
(L)(3)(a)(ii)(II)
of section 3301.0711 of the Revised Code entering ninth grade for the
first time on or after July 1, 2019, shall qualify for a high school
diploma if the student earns a remediation-free score in the areas of
English, mathematics, and reading, in accordance with standards
adopted under division (F) of section 3345.061 of the Revised Code,
on a nationally standardized assessment prescribed under division
(B)(1) of section 3301.0712 of the Revised Code. No such student
shall be required to take the Algebra I or English language arts II
end-of-course examination or earn diploma seals under this section.
(E)
The department shall not create or require any additional assessment
for the granting of any type of high school diploma other than as
prescribed by this section. Except as provided in sections 3313.6111,
3313.6112, and 3313.6114 of the Revised Code, the department or the
director of education and workforce shall not create any endorsement
or designation that may be affiliated with a high school diploma.
Sec.
3313.619.
This
section does not apply to a student participating in a general
education state scholarship program, as defined in section 3301.165
of the Revised Code. Such student shall comply with section 3313.618
of the Revised Code in the same manner as a public school student.
(A)
In lieu of the assessment requirements prescribed by division (A) of
section 3313.618 of the Revised Code or the requirements to
demonstrate competency and earn diploma seals prescribed by division
(B) of that section, a chartered nonpublic school may grant a high
school diploma to a student who attains at least the designated score
on an assessment approved by the department of education and
workforce under division (B) of this section and selected by the
school's governing authority.
(B)
For purposes of division (A) of this section, the department shall
approve assessments that meet the conditions specified under division
(C) of this section and shall designate passing scores for each of
those assessments.
(C)
Each assessment approved under division (B) of this section shall be
nationally norm-referenced, have internal consistency reliability
coefficients of at least "0.8," be standardized, have
specific evidence of content, concurrent, or criterion validity, have
evidence of norming studies in the previous ten years, have a measure
of student achievement in core academic areas, and have high validity
evidenced by the alignment of the assessment with nationally
recognized content.
(D)
Nothing in this section shall prohibit a chartered nonpublic school
from granting a high school diploma to a student if the student
satisfies the applicable requirements prescribed by section 3313.618
of the Revised Code.
Sec.
3313.6612.
Each
school district and chartered nonpublic school shall maintain a
disciplinary record for each student who is subject to a disciplinary
action. The record shall include a description of each incident that
resulted in disciplinary action by the district or school.
The
disciplinary record of a student who is enrolled in a public school
is subject to section 3319.321 of the Revised Code and the "Family
Educational Rights and Privacy Act of 1974," 20 U.S.C. 1232g.
Sec.
3313.976.
(A)
No private school may receive scholarship payments from parents
pursuant to section 3317.022 of the Revised Code until the chief
administrator of the private school registers the school with the
director of education and workforce. The director shall register any
school that meets the following requirements:
(1)
The school indicates in writing its commitment to follow all
requirements for a state-sponsored scholarship program specified
under sections 3313.974 to 3313.979 of the Revised Code, including,
but not limited to, the requirements for admitting students pursuant
to section 3313.977 of the Revised Code;
(2)
The school meets all state minimum standards for chartered nonpublic
schools in effect on July 1, 1992, except that the director at the
director's discretion may register nonchartered nonpublic schools
meeting the other requirements of this division;
(3)
The school does not discriminate on the basis of race, religion, or
ethnic background;
(4)
The school enrolls a minimum of ten students per class or a sum of at
least twenty-five students in all the classes offered;
(5)
The school does not advocate or foster unlawful behavior or teach
hatred of any person or group on the basis of race, ethnicity,
national origin, or religion;
(6)
The school does not provide false or misleading information about the
school to parents, students, or the general public;
(7)
For students in grades kindergarten through eight with family incomes
at or below two hundred per cent of the federal poverty guidelines,
as defined in section 5101.46 of the Revised Code, the school agrees
not to charge any tuition in excess of the scholarship amount
established pursuant to division (A)(11)(a) of section 3317.022 of
the Revised Code, excluding any increase described in that division.
(8)
For students in grades kindergarten through eight with family incomes
above two hundred per cent of the federal poverty guidelines, whose
scholarship amounts are less than the actual tuition charge of the
school, the school agrees not to charge any tuition in excess of the
difference between the actual tuition charge of the school and the
scholarship amount established pursuant to division (A)(11)(a) of
section 3317.022 of the Revised Code, excluding any increase
described in that division. The school shall permit such tuition, at
the discretion of the parent, to be satisfied by the family's
provision of in-kind contributions or services.
(9)
The school agrees not to charge any tuition to families of students
in grades nine through twelve receiving a scholarship in excess of
the actual tuition charge of the school less the scholarship amount
established pursuant to division (A)(11)(a) of section 3317.022 of
the Revised Code, excluding any increase described in that division.
(10)
It annually administers the applicable assessments prescribed by
section 3301.0710
,
or
3301.0712
,
or 3313.619
of the Revised Code to each scholarship student enrolled in the
school in accordance with section 3301.0711 or 3301.0712 of the
Revised Code and reports to the department of education the results
of each such assessment administered to each scholarship student,
unless one of the following applies to the student:
(a)
The student is excused from taking that assessment under federal law,
the student's individualized education program, or division
(C)(1)(c)(i) of section 3301.0711 of the Revised Code.
(b)
The student is enrolled in a chartered nonpublic school that meets
the conditions specified in division (K)(2) or (L)(4) of section
3301.0711 of the Revised Code.
(c)
The
student is enrolled in any of grades three to eight and takes an
alternative standardized assessment under division (K)(1) of section
3301.0711 of the Revised Code.
(d)
The
student is excused from taking the assessment prescribed under
division (B)(1) of section 3301.0712 of the Revised Code pursuant to
division (C)(1)(c)(ii) of section 3301.0711 of the Revised Code.
(B)
The director shall revoke the registration of any school if, after a
hearing, the director determines that the school is in violation of
any of the provisions of division (A) of this section.
(C)
Any public school located in a school district adjacent to the pilot
project school district may receive scholarship payments on behalf of
parents pursuant to section 3317.022 of the Revised Code if the
superintendent of the district in which such public school is located
notifies the director prior to the first day of March that the
district intends to admit students from the pilot project school
district for the ensuing school year pursuant to section 3327.06 of
the Revised Code.
(D)
Any parent wishing to purchase tutorial assistance from any person or
governmental entity pursuant to the pilot project program under
sections 3313.974 to 3313.979 of the Revised Code shall apply to the
director. The director shall approve providers who appear to possess
the capability of furnishing the instructional services they are
offering to provide.
(E)
On and after July 1, 2024, the director shall not require the parent
of a student to submit a complete copy of the parent's federal income
tax return, or a return filed under section 5747.08 of the Revised
Code, to determine a student's family income for the purposes of the
pilot project scholarship program. Rather, the director may require a
parent to submit a partial federal income tax return, or a return
filed under section 5747.08 of the Revised Code, that only contains
the minimum amount of information necessary to determine a student's
family income.
(F)
Not later than the thirtieth day of June of each year, each private
school registered under this section shall submit to the director of
education and workforce, in a form and manner prescribed by the
director, the tuition rates charged by the school for the following
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, 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,
3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661,
3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610,
3313.6612,
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, 3319.238,
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.
3319.324.
(A)
As used in this section, "school records" includes any
academic records, student assessment data,
disciplinary
record,
or
other information for which there is a legitimate educational
interest.
(B)
Except as provided for in division (C) of this section, when any
school district or chartered nonpublic school receives a request from
another district or school to which a student has transferred for
that student's school records, the district or school receiving the
request shall respond, within five school days after receiving the
request, by transmitting to the requesting district or school either
the student's school records as authorized under section 3319.321 of
the Revised Code or, if the district or school has no record of the
student's attendance, a statement of that fact.
(C)
Except as provided for in division (E) of this section, a district or
school may withhold a student's school records if there is two
thousand five hundred dollars or more of outstanding debt attributed
to the student. The district or school shall transmit the student's
school records in the manner specified under division (A) of this
section once the debt is paid.
(D)
The provisions of this section are in addition to, and do not affect
the obligations of a school district or school to comply with, the
requirements of division (D) of section 3313.642 and section 3313.672
of the Revised Code.
(E)
A district or school shall not withhold records related to a
student's expulsion under division (B)(6) of section 3313.66 of the
Revised Code due to outstanding debt attributed to the student.
Sec.
3326.11.
Each
science, technology, engineering, and mathematics school established
under this chapter and its governing body shall comply with sections
9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19,
2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.24, 3301.948,
3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26,
3313.472, 3313.473, 3313.474, 3313.48, 3313.481, 3313.482, 3313.50,
3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012,
3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024,
3313.6026, 3313.6028, 3313.6029, 3313.6031, 3313.61, 3313.611,
3313.614, 3313.615, 3313.617, 3313.618, 3313.6114, 3313.643,
3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662,
3313.666, 3313.667, 3313.668, 3313.669, 3313.6610,
3313.6612,
3313.67,
3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717,
3313.718, 3313.719, 3313.7112, 3313.7117, 3313.7118, 3313.721,
3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818,
3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077,
3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321,
3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 3319.41, 3319.45,
3319.46, 3319.614, 3319.90, 3320.01, 3320.02, 3320.03, 3320.04,
3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17,
3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 3327.10,
4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 102.,
117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141.,
and 4167. of the Revised Code as if it were a school district.
Section
2.
That
existing sections 3301.0711, 3310.03, 3310.13, 3310.14, 3310.15,
3313.618, 3313.619, 3313.976, 3314.03, 3319.324,
and
3326.11 of the Revised Code are hereby repealed.
Section
3.
Sections
1 and 2 of this act take effect July 1, 2027.
Section
4.
This
act shall be known as the Take the Dough, We Gotta Know Act.
Section
5.
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.