As Passed by the House

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 487

Representative Brenner

Cosponsors: Representatives Anielski, Grossman, Henne, Stebelton, Terhar Speaker Batchelder

A BILL

To amend sections 133.06, 921.06, 3301.0712,

3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03,

3310.031, 3310.032, 3311.24, 3311.38, 3311.86,

3313.372, 3313.537, 3313.603, 3313.6013,

3313.6016, 3313.612, 3313.843, 3313.90, 3313.975,

3314.015, 3314.016, 3314.02, 3314.03, 3314.08,

3317.03, 3319.22, 3319.26, 3324.07, 3326.11,

3326.36, 3328.24, 3331.04, 3333.041, 3333.35,

3333.43, 3333.86, 3345.06, 3365.04, 3365.041,

3365.05, 3365.06, 3365.08, 3365.11, 5747.08, and

5747.98; to amend, for the purpose of adopting new

section numbers as indicated in parentheses,

sections 3365.04 (3365.06), 3365.041 (3365.032),

3365.05 (3365.12), 3365.06 (3365.031), and 3365.11

(3365.09); to enact new sections 3310.05, 3365.01,

3365.02, 3365.03, 3365.04, 3365.05, 3365.07,

3365.11, and 3365.15 and sections 3301.163,

3311.241, 3313.6020, 3313.94, 3314.191, 3314.352,

3324.09, 3324.11, 3365.033, 3365.071, 3365.13, and

5747.64; and to repeal sections 3310.05, 3345.062,

3365.01, 3365.02, 3365.021, 3365.022, 3365.03,

3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of

the Revised Code; and to amend the version of

section 3314.016 of the Revised Code that is

scheduled to take effect on January 1, 2015, to

continue the provisions of this act on and after

that effective date with regard to education

provisions for students in grades kindergarten

through twelve.

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

Section 1. That sections 133.06, 921.06, 3301.0712,	30
3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03, 3310.031,	31
3310.032, 3311.24, 3311.38, 3311.86, 3313.372, 3313.537, 3313.603,	32
3313.6013, 3313.6016, 3313.612, 3313.843, 3313.90, 3313.975,	33
3314.015, 3314.016, 3314.02, 3314.03, 3314.08, 3317.03, 3319.22,	34
3319.26, 3324.07, 3326.11, 3326.36, 3328.24, 3331.04, 3333.041,	35
3333.35, 3333.43, 3333.86, 3345.06, 3365.04, 3365.041, 3365.05,	36
3365.06, 3365.08, 3365.11, 5747.08, and 5747.98 be amended;	37
sections 3365.04 (3365.06), 3365.041 (3365.032), 3365.05	38
(3365.12), 3365.06 (3365.031), and 3365.11 (3365.09) be amended	39
for the purpose of adopting new section numbers as indicated in	40
parentheses; and new sections 3310.05, 3365.01, 3365.02, 3365.03,	41
3365.04, 3365.05, 3365.07, 3365.11, and 3365.15 and sections	42
3301.163, 3311.241, 3313.6020, 3313.94, 3314.191, 3314.352,	43
3324.09, 3324.11, 3365.033, 3365.071, 3365.13, and 5747.64 of the	44
Revised Code be enacted to read as follows:	45

Sec. 133.06. (A) A school district shall not incur, without	46
a vote of the electors, net indebtedness that exceeds an amount	47
equal to one-tenth of one per cent of its tax valuation, except as	48
provided in divisions (G) and (H) of this section and in division	49
(C) of section 3313.372 of the Revised Code, or as prescribed in	50
section 3318.052 or 3318.44 of the Revised Code, or as provided in	51
division (J) of this section.	52

(B) Except as provided in divisions (E), (F), and (I) of this	53
section, a school district shall not incur net indebtedness that	54
exceeds an amount equal to nine per cent of its tax valuation.	55

(C) A school district shall not submit to a vote of the	56
electors the question of the issuance of securities in an amount	57
that will make the district's net indebtedness after the issuance	58
of the securities exceed an amount equal to four per cent of its	59
tax valuation, unless the superintendent of public instruction,	60
acting under policies adopted by the state board of education, and	61
the tax commissioner, acting under written policies of the	62
commissioner, consent to the submission. A request for the	63
consents shall be made at least one hundred twenty days prior to	64
the election at which the question is to be submitted.	65

The superintendent of public instruction shall certify to the	66
district the superintendent's and the tax commissioner's decisions	67
within thirty days after receipt of the request for consents.	68

If the electors do not approve the issuance of securities at	69
the election for which the superintendent of public instruction	70
and tax commissioner consented to the submission of the question,	71
the school district may submit the same question to the electors	72
on the date that the next special election may be held under	73
section 3501.01 of the Revised Code without submitting a new	74
request for consent. If the school district seeks to submit the	75
same question at any other subsequent election, the district shall	76
first submit a new request for consent in accordance with this	77
division.	78

(D) In calculating the net indebtedness of a school district,	79
none of the following shall be considered:	80

(1) Securities issued to acquire school buses and other	81
equipment used in transporting pupils or issued pursuant to	82
division (D) of section 133.10 of the Revised Code;	83

(2) Securities issued under division (F) of this section,	84
under section 133.301 of the Revised Code, and, to the extent in	85
excess of the limitation stated in division (B) of this section,	86
under division (E) of this section;	87

(3) Indebtedness resulting from the dissolution of a joint	88
vocational school district under section 3311.217 of the Revised	89
Code, evidenced by outstanding securities of that joint vocational	90
school district;	91

(4) Loans, evidenced by any securities, received under	92
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;	93

(5) Debt incurred under section 3313.374 of the Revised Code;

(6) Debt incurred pursuant to division (B)(5) of section	95
3313.37 of the Revised Code to acquire computers and related	96
hardware;	97

(7) Debt incurred under section 3318.042 of the Revised Code.

(E) A school district may become a special needs district as	99
to certain securities as provided in division (E) of this section.	100

(1) A board of education, by resolution, may declare its	101
school district to be a special needs district by determining both	102
of the following:	103

(a) The student population is not being adequately serviced	104
by the existing permanent improvements of the district.	105

(b) The district cannot obtain sufficient funds by the	106
issuance of securities within the limitation of division (B) of	107
this section to provide additional or improved needed permanent	108
improvements in time to meet the needs.	109

(2) The board of education shall certify a copy of that	110
resolution to the superintendent of public instruction with a	111
statistical report showing all of the following:	112

(a) The history of and a projection of the growth of the tax	113
valuation;	114

(b) The projected needs;

115

(c) The estimated cost of permanent improvements proposed to	116
meet such projected needs.	117

(3) The superintendent of public instruction shall certify	118
the district as an approved special needs district if the	119
superintendent finds both of the following:	120

(a) The district does not have available sufficient	121
additional funds from state or federal sources to meet the	122
projected needs.	123

(b) The projection of the potential average growth of tax	124
valuation during the next five years, according to the information	125
certified to the superintendent and any other information the	126
superintendent obtains, indicates a likelihood of potential	127
average growth of tax valuation of the district during the next	128
five years of an average of not less than one and one-half per	129
cent per year. The findings and certification of the	130
superintendent shall be conclusive.	131

(4) An approved special needs district may incur net	132
indebtedness by the issuance of securities in accordance with the	133
provisions of this chapter in an amount that does not exceed an	134
amount equal to the greater of the following:	135

(a) Twelve per cent of the sum of its tax valuation plus an	136
amount that is the product of multiplying that tax valuation by	137
the percentage by which the tax valuation has increased over the	138
tax valuation on the first day of the sixtieth month preceding the	139
month in which its board determines to submit to the electors the	140
question of issuing the proposed securities;	141

(b) Twelve per cent of the sum of its tax valuation plus an	142
amount that is the product of multiplying that tax valuation by	143
the percentage, determined by the superintendent of public	144
instruction, by which that tax valuation is projected to increase	145
during the next ten years.	146

(F) A school district may issue securities for emergency	147
purposes, in a principal amount that does not exceed an amount	148
equal to three per cent of its tax valuation, as provided in this	149
division.	150

(1) A board of education, by resolution, may declare an	151
emergency if it determines both of the following:	152

(a) School buildings or other necessary school facilities in	153
the district have been wholly or partially destroyed, or condemned	154
by a constituted public authority, or that such buildings or	155
facilities are partially constructed, or so constructed or planned	156
as to require additions and improvements to them before the	157
buildings or facilities are usable for their intended purpose, or	158
that corrections to permanent improvements are necessary to remove	159
or prevent health or safety hazards.	160

(b) Existing fiscal and net indebtedness limitations make	161
adequate replacement, additions, or improvements impossible.	162

(2) Upon the declaration of an emergency, the board of	163
education may, by resolution, submit to the electors of the	164
district pursuant to section 133.18 of the Revised Code the	165
question of issuing securities for the purpose of paying the cost,	166
in excess of any insurance or condemnation proceeds received by	167
the district, of permanent improvements to respond to the	168
emergency need.	169

(3) The procedures for the election shall be as provided in	170
section 133.18 of the Revised Code, except that:	171

(a) The form of the ballot shall describe the emergency	172
existing, refer to this division as the authority under which the	173
emergency is declared, and state that the amount of the proposed	174
securities exceeds the limitations prescribed by division (B) of	175
this section;	176

(b) The resolution required by division (B) of section 133.18	177
of the Revised Code shall be certified to the county auditor and	178
the board of elections at least one hundred days prior to the	179
election;	180

(c) The county auditor shall advise and, not later than	181
ninety-five days before the election, confirm that advice by	182
certification to, the board of education of the information	183
required by division (C) of section 133.18 of the Revised Code;	184

(d) The board of education shall then certify its resolution	185
and the information required by division (D) of section 133.18 of	186
the Revised Code to the board of elections not less than ninety	187
days prior to the election.	188

(4) Notwithstanding division (B) of section 133.21 of the	189
Revised Code, the first principal payment of securities issued	190
under this division may be set at any date not later than sixty	191
months after the earliest possible principal payment otherwise	192
provided for in that division.	193

(G)(1) The board of education may contract with an architect,	194
professional engineer, or other person experienced in the design	195
and implementation of energy conservation measures for an analysis	196
and recommendations pertaining to installations, modifications of	197
installations, or remodeling that would significantly reduce	198
energy consumption in buildings owned by the district. The report	199
shall include estimates of all costs of such installations,	200
modifications, or remodeling, including costs of design,	201
engineering, installation, maintenance, repairs, measurement and	202
verification of energy savings, and debt service, forgone residual	203
value of materials or equipment replaced by the energy	204
conservation measure, as defined by the Ohio school facilities	205
commission, a baseline analysis of actual energy consumption data	206
for the preceding three years with the utility baseline based on	207
only the actual energy consumption data for the preceding twelve	208
months, and estimates of the amounts by which energy consumption	209
and resultant operational and maintenance costs, as defined by the	210
commission, would be reduced.	211

If the board finds after receiving the report that the amount	212
of money the district would spend on such installations,	213
modifications, or remodeling is not likely to exceed the amount of	214
money it would save in energy and resultant operational and	215
maintenance costs over the ensuing fifteen years, the board may	216
submit to the commission a copy of its findings and a request for	217
approval to incur indebtedness to finance the making or	218
modification of installations or the remodeling of buildings for	219
the purpose of significantly reducing energy consumption.	220

The school facilities commission, in consultation with the	221
auditor of state, may deny a request under this division by the	222
board of education any school district is in a state of fiscal	223
watch pursuant to division (A) of section 3316.03 of the Revised	224
Code, if it determines that the expenditure of funds is not in the	225
best interest of the school district.	226

No district board of education of a school district that is	227
in a state of fiscal emergency pursuant to division (B) of section	228
3316.03 of the Revised Code shall submit a request without	229
submitting evidence that the installations, modifications, or	230
remodeling have been approved by the district's financial planning	231
and supervision commission established under section 3316.05 of	232
the Revised Code.	233

No board of education of a school district that, for three or	234
more consecutive years, has been declared to be in a state of	235
academic emergency under section 3302.03 of the Revised Code, as	236
that section existed prior to March 22, 2013, and has failed to	237
meet adequate yearly progress, or has met any condition set forth	238
in division (A)(2), (3), or (4), or (5) of section 3302.10 of the	239
Revised Code shall submit a request without first receiving	240
approval to incur indebtedness from the district's academic	241
distress commission established under that section, for so long as	242
such commission continues to be required for the district.	243

(2) The school facilities commission shall approve the	244
board's request provided that the following conditions are	245
satisfied:	246

(a) The commission determines that the board's findings are	247
reasonable.	248

(b) The request for approval is complete.

249

(c) The installations, modifications, or remodeling are	250
consistent with any project to construct or acquire classroom	251
facilities, or to reconstruct or make additions to existing	252
classroom facilities under sections 3318.01 to 3318.20 or sections	253
3318.40 to 3318.45 of the Revised Code.	254

Upon receipt of the commission's approval, the district may	255
issue securities without a vote of the electors in a principal	256
amount not to exceed nine-tenths of one per cent of its tax	257
valuation for the purpose of making such installations,	258
modifications, or remodeling, but the total net indebtedness of	259
the district without a vote of the electors incurred under this	260
and all other sections of the Revised Code, except section	261
3318.052 of the Revised Code, shall not exceed one per cent of the	262
district's tax valuation.	263

(3) So long as any securities issued under this division	264
remain outstanding, the board of education shall monitor the	265
energy consumption and resultant operational and maintenance costs	266
of buildings in which installations or modifications have been	267
made or remodeling has been done pursuant to this division ~~and~~.	268
Except as provided in division (G)(4) of this section, the board	269
shall maintain and annually update a report in a form and manner	270
prescribed by the school facilities commission documenting the	271
reductions in energy consumption and resultant operational and	272
maintenance cost savings attributable to such installations,	273
modifications, or remodeling. ~~The report shall be certified by an~~	274
~~architect or engineer independent of any person that provided~~	275
~~goods or services to the board in connection with the energy~~	276
~~conservation measures that are the subject of the report.~~ The	277
resultant operational and maintenance cost savings shall be	278
certified by the school district treasurer. The report shall be	279
submitted annually to the commission.	280

(4) If the school facilities commission verifies that the	281
certified annual reports submitted to the commission by a board of	282
education under division (G)(3) of this section fulfill the	283
guarantee required under division (B) of section 3313.372 of the	284
Revised Code for three consecutive years, the board of education	285
shall no longer be subject to the annual reporting requirements of	286
division (G)(3) of this section.	287

(H) With the consent of the superintendent of public	288
instruction, a school district may incur without a vote of the	289
electors net indebtedness that exceeds the amounts stated in	290
divisions (A) and (G) of this section for the purpose of paying	291
costs of permanent improvements, if and to the extent that both of	292
the following conditions are satisfied:	293

(1) The fiscal officer of the school district estimates that	294
receipts of the school district from payments made under or	295
pursuant to agreements entered into pursuant to section 725.02,	296
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	297
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	298
Code, or distributions under division (C) of section 5709.43 of	299
the Revised Code, or any combination thereof, are, after	300
accounting for any appropriate coverage requirements, sufficient	301
in time and amount, and are committed by the proceedings, to pay	302
the debt charges on the securities issued to evidence that	303
indebtedness and payable from those receipts, and the taxing	304
authority of the district confirms the fiscal officer's estimate,	305
which confirmation is approved by the superintendent of public	306
instruction;	307

(2) The fiscal officer of the school district certifies, and	308
the taxing authority of the district confirms, that the district,	309
at the time of the certification and confirmation, reasonably	310
expects to have sufficient revenue available for the purpose of	311
operating such permanent improvements for their intended purpose	312
upon acquisition or completion thereof, and the superintendent of	313
public instruction approves the taxing authority's confirmation.	314

The maximum maturity of securities issued under division (H)	315
of this section shall be the lesser of twenty years or the maximum	316
maturity calculated under section 133.20 of the Revised Code.	317

(I) A school district may incur net indebtedness by the	318
issuance of securities in accordance with the provisions of this	319
chapter in excess of the limit specified in division (B) or (C) of	320
this section when necessary to raise the school district portion	321
of the basic project cost and any additional funds necessary to	322
participate in a project under Chapter 3318. of the Revised Code,	323
including the cost of items designated by the ~~Ohio~~ school	324
facilities commission as required locally funded initiatives, the	325
cost of other locally funded initiatives in an amount that does	326
not exceed fifty per cent of the district's portion of the basic	327
project cost, and the cost for site acquisition. The ~~school~~	328
~~facilities~~ commission shall notify the superintendent of public	329
instruction whenever a school district will exceed either limit	330
pursuant to this division.	331

(J) A school district whose portion of the basic project cost	332
of its classroom facilities project under sections 3318.01 to	333
3318.20 of the Revised Code is greater than or equal to one	334
hundred million dollars may incur without a vote of the electors	335
net indebtedness in an amount up to two per cent of its tax	336
valuation through the issuance of general obligation securities in	337
order to generate all or part of the amount of its portion of the	338
basic project cost if the controlling board has approved the	339
school facilities commission's conditional approval of the project	340
under section 3318.04 of the Revised Code. The school district	341
board and the Ohio school facilities commission shall include the	342
dedication of the proceeds of such securities in the agreement	343
entered into under section 3318.08 of the Revised Code. No state	344
moneys shall be released for a project to which this section	345
applies until the proceeds of any bonds issued under this section	346
that are dedicated for the payment of the school district portion	347
of the project are first deposited into the school district's	348
project construction fund.	349

Sec. 921.06. (A)(1) No individual shall do any of the	350
following without having a commercial applicator license issued by	351
the director of agriculture:	352

(a) Apply pesticides for a pesticide business without direct	353
supervision;	354

(b) Apply pesticides as part of the individual's duties while	355
acting as an employee of the United States government, a state,	356
county, township, or municipal corporation, or a park district,	357
port authority, or sanitary district created under Chapter 1545.,	358
4582., or 6115. of the Revised Code, respectively;	359

(c) Apply restricted use pesticides. Division (A)(1)(c) of	360
this section does not apply to a private applicator or an	361
immediate family member or a subordinate employee of a private	362
applicator who is acting under the direct supervision of that	363
private applicator.	364

(d) If the individual is the owner of a business other than a	365
pesticide business or an employee of such an owner, apply	366
pesticides at any of the following publicly accessible sites that	367
are located on the property:	368

(i) Food service operations that are licensed under Chapter	369
3717. of the Revised Code;	370

(ii) Retail food establishments that are licensed under	371
Chapter 3717. of the Revised Code;	372

(iii) Golf courses;

373

(iv) Rental properties of more than four apartment units at	374
one location;	375

(v) Hospitals or medical facilities as defined in section	376
3701.01 of the Revised Code;	377

(vi) Child day-care centers or school child day-care centers	378
as defined in section 5104.01 of the Revised Code;	379

(vii) Facilities owned or operated by a school district	380
established under Chapter 3311. of the Revised Code, including an	381
~~education~~educational service center, a community school	382
established under Chapter 3314. of the Revised Code, or a	383
chartered or nonchartered nonpublic school that meets minimum	384
standards established by the state board of education;	385

(viii) ~~Colleges as defined in section 3365.01~~State	386
institutions of higher education as defined in section 3345.011 of	387
the Revised Code, nonprofit institutions holding a certificate of	388
authorization pursuant to Chapter 1713. of the Revised Code,	389
institutions holding a certificate of registration from the state	390
board of career colleges and schools and program authorization for	391
an associate or bachelor's degree program issued under section	392
3332.05 of the Revised Code, and private institutions exempt from	393
regulation under Chapter 3332. of the Revised Code as prescribed	394
in section 3333.046 of the Revised Code;	395

(ix) Food processing establishments as defined in section	396
3715.021 of the Revised Code;	397

(x) Any other site designated by rule.

398

(e) Conduct authorized diagnostic inspections.

399

(2) Divisions (A)(1)(a) to (d) of this section do not apply	400
to an individual who is acting as a trained serviceperson under	401
the direct supervision of a commercial applicator.	402

(3) Licenses shall be issued for a period of time established	403
by rule and shall be renewed in accordance with deadlines	404
established by rule. The fee for each such license shall be	405
established by rule. If a license is not issued or renewed, the	406
application fee shall be retained by the state as payment for the	407
reasonable expense of processing the application. The director	408
shall by rule classify by pesticide-use category licenses to be	409
issued under this section. A single license may include more than	410
one pesticide-use category. No individual shall be required to pay	411
an additional license fee if the individual is licensed for more	412
than one category.	413

The fee for each license or renewal does not apply to an	414
applicant who is an employee of the department of agriculture	415
whose job duties require licensure as a commercial applicator as a	416
condition of employment.	417

(B) Application for a commercial applicator license shall be	418
made on a form prescribed by the director. Each application for a	419
license shall state the pesticide-use category or categories of	420
license for which the applicant is applying and other information	421
that the director determines essential to the administration of	422
this chapter.	423

(C) If the director finds that the applicant is competent to	424
apply pesticides and conduct diagnostic inspections and that the	425
applicant has passed both the general examination and each	426
applicable pesticide-use category examination as required under	427
division (A) of section 921.12 of the Revised Code, the director	428
shall issue a commercial applicator license limited to the	429
pesticide-use category or categories for which the applicant is	430
found to be competent. If the director rejects an application, the	431
director may explain why the application was rejected, describe	432
the additional requirements necessary for the applicant to obtain	433
a license, and return the application. The applicant may resubmit	434
the application without payment of any additional fee.	435

(D)(1) A person who is a commercial applicator shall be	436
deemed to hold a private applicator's license for purposes of	437
applying pesticides on agricultural commodities that are produced	438
by the commercial applicator.	439

(2) A commercial applicator shall apply pesticides only in	440
the pesticide-use category or categories in which the applicator	441
is licensed under this chapter.	442

(E) All money collected under this section shall be credited	443
to the pesticide, fertilizer, and lime program fund created in	444
section 921.22 of the Revised Code.	445

Sec. 3301.0712. (A) The state board of education, the	446
superintendent of public instruction, and the chancellor of the	447
Ohio board of regents shall develop a system of college and work	448
ready assessments as described in divisions (B)(1) and (2) of this	449
section to assess whether each student upon graduating from high	450
school is ready to enter college or the workforce. The system	451
shall replace the Ohio graduation tests prescribed in division	452
(B)(1) of section 3301.0710 of the Revised Code as a measure of	453
student academic performance and a prerequisite for eligibility	454
for a high school diploma in the manner prescribed by rule of the	455
state board adopted under division (D) of this section.	456

(B) The college and work ready assessment system shall	457
consist of the following:	458

(1) A nationally standardized assessment that measures	459
college and career readiness selected jointly by the state	460
superintendent and the chancellor.	461

(2) A series of end-of-course examinations in the areas of	462
science, mathematics, English language arts, American history, and	463
American government selected jointly by the state superintendent	464
and the chancellor in consultation with faculty in the appropriate	465
subject areas at institutions of higher education of the	466
university system of Ohio. For each subject area, the state	467
superintendent and chancellor shall select multiple assessments	468
that school districts, public schools, and chartered nonpublic	469
schools may use as end-of-course examinations. Subject to division	470
(B)(3)(b) of this section, those assessments shall include	471
nationally recognized subject area assessments, such as advanced	472
placement examinations, SAT subject tests, international	473
baccalaureate examinations, and other assessments of college and	474
work readiness.	475

(3)(a) Not later than July 1, 2013, each school district	476
board of education shall adopt interim end-of-course examinations	477
that comply with the requirements of divisions (B)(3)(b)(i) and	478
(ii) of this section to assess mastery of American history and	479
American government standards adopted under division (A)(1)(b) of	480
section 3301.079 of the Revised Code and the topics required under	481
division (M) of section 3313.603 of the Revised Code. Each high	482
school of the district shall use the interim examinations until	483
the state superintendent and chancellor select end-of-course	484
examinations in American history and American government under	485
division (B)(2) of this section.	486

(b) Not later than July 1, 2014, the state superintendent and	487
the chancellor shall select the end-of-course examinations in	488
American history and American government.	489

(i) The end-of-course examinations in American history and	490
American government shall require demonstration of mastery of the	491
American history and American government content for social	492
studies standards adopted under division (A)(1)(b) of section	493
3301.079 of the Revised Code and the topics required under	494
division (M) of section 3313.603 of the Revised Code.	495

(ii) At least twenty per cent of the end-of-course	496
examination in American government shall address the topics on	497
American history and American government described in division (M)	498
of section 3313.603 of the Revised Code.	499

(C) The state board shall convene a group of national	500
experts, state experts, and local practitioners to provide advice,	501
guidance, and recommendations for the alignment of standards and	502
model curricula to the assessments and in the design of the	503
end-of-course examinations prescribed by this section.	504

(D) Upon completion of the development of the assessment	505
system, the state board shall adopt rules prescribing all of the	506
following:	507

(1) A timeline and plan for implementation of the assessment	508
system, including a phased implementation if the state board	509
determines such a phase-in is warranted;	510

(2) The date after which a person entering ninth grade shall	511
meet the requirements of the entire assessment system as a	512
prerequisite for a high school diploma under section 3313.61,	513
3313.612, or 3325.08 of the Revised Code;	514

(3) The date after which a person shall meet the requirements	515
of the entire assessment system as a prerequisite for a diploma of	516
adult education under section 3313.611 of the Revised Code;	517

(4) Whether and the extent to which a person may be excused	518
from an American history end-of-course examination and an American	519
government end-of-course examination under division (H) of section	520
3313.61 and division (B)(3) of section 3313.612 of the Revised	521
Code;	522

(5) The date after which a person who has fulfilled the	523
curriculum requirement for a diploma but has not passed one or	524
more of the required assessments at the time the person fulfilled	525
the curriculum requirement shall meet the requirements of the	526
entire assessment system as a prerequisite for a high school	527
diploma under division (B) of section 3313.614 of the Revised	528
Code;	529

(6) The extent to which the assessment system applies to	530
students enrolled in a dropout recovery and prevention program for	531
purposes of division (F) of section 3313.603 and section 3314.36	532
of the Revised Code.	533

No rule adopted under this division shall be effective	534
earlier than one year after the date the rule is filed in final	535
form pursuant to Chapter 119. of the Revised Code.	536

(E) Not later than forty-five days prior to the state board's	537
adoption of a resolution directing the department of education to	538
file the rules prescribed by division (D) of this section in final	539
form under section 119.04 of the Revised Code, the superintendent	540
of public instruction shall present the assessment system	541
developed under this section to the respective committees of the	542
house of representatives and senate that consider education	543
legislation.	544

(F)(1) Any person enrolled in a nonchartered nonpublic school	545
or any person who has been excused from attendance at school for	546
the purpose of home instruction under section 3321.04 of the	547
Revised Code may choose to participate in the system of	548
assessments administered under divisions (B)(1) and (2) of this	549
section. However, no such person shall be required to participate	550
in the system of assessments.	551

(2) The department shall adopt rules for the administration	552
and scoring of any assessments under division (F)(1) of this	553
section.	554

Sec. 3301.0714. (A) The state board of education shall adopt	555
rules for a statewide education management information system. The	556
rules shall require the state board to establish guidelines for	557
the establishment and maintenance of the system in accordance with	558
this section and the rules adopted under this section. The	559
guidelines shall include:	560

(1) Standards identifying and defining the types of data in	561
the system in accordance with divisions (B) and (C) of this	562
section;	563

(2) Procedures for annually collecting and reporting the data	564
to the state board in accordance with division (D) of this	565
section;	566

(3) Procedures for annually compiling the data in accordance	567
with division (G) of this section;	568

(4) Procedures for annually reporting the data to the public	569
in accordance with division (H) of this section.	570

(B) The guidelines adopted under this section shall require	571
the data maintained in the education management information system	572
to include at least the following:	573

(1) Student participation and performance data, for each	574
grade in each school district as a whole and for each grade in	575
each school building in each school district, that includes:	576

(a) The numbers of students receiving each category of	577
instructional service offered by the school district, such as	578
regular education instruction, vocational education instruction,	579
specialized instruction programs or enrichment instruction that is	580
part of the educational curriculum, instruction for gifted	581
students, instruction for students with disabilities, and remedial	582
instruction. The guidelines shall require instructional services	583
under this division to be divided into discrete categories if an	584
instructional service is limited to a specific subject, a specific	585
type of student, or both, such as regular instructional services	586
in mathematics, remedial reading instructional services,	587
instructional services specifically for students gifted in	588
mathematics or some other subject area, or instructional services	589
for students with a specific type of disability. The categories of	590
instructional services required by the guidelines under this	591
division shall be the same as the categories of instructional	592
services used in determining cost units pursuant to division	593
(C)(3) of this section.	594

(b) The numbers of students receiving support or	595
extracurricular services for each of the support services or	596
extracurricular programs offered by the school district, such as	597
counseling services, health services, and extracurricular sports	598
and fine arts programs. The categories of services required by the	599
guidelines under this division shall be the same as the categories	600
of services used in determining cost units pursuant to division	601
(C)(4)(a) of this section.	602

(c) Average student grades in each subject in grades nine	603
through twelve;	604

(d) Academic achievement levels as assessed under sections	605
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	606

(e) The number of students designated as having a disabling	607
condition pursuant to division (C)(1) of section 3301.0711 of the	608
Revised Code;	609

(f) The numbers of students reported to the state board	610
pursuant to division (C)(2) of section 3301.0711 of the Revised	611
Code;	612

(g) Attendance rates and the average daily attendance for the	613
year. For purposes of this division, a student shall be counted as	614
present for any field trip that is approved by the school	615
administration.	616

(h) Expulsion rates;

617

(i) Suspension rates;

618

(j) Dropout rates;

619

(k) Rates of retention in grade;

620

(l) For pupils in grades nine through twelve, the average	621
number of carnegie units, as calculated in accordance with state	622
board of education rules;	623

(m) Graduation rates, to be calculated in a manner specified	624
by the department of education that reflects the rate at which	625
students who were in the ninth grade three years prior to the	626
current year complete school and that is consistent with	627
nationally accepted reporting requirements;	628

(n) Results of diagnostic assessments administered to	629
kindergarten students as required under section 3301.0715 of the	630
Revised Code to permit a comparison of the academic readiness of	631
kindergarten students. However, no district shall be required to	632
report to the department the results of any diagnostic assessment	633
administered to a kindergarten student, except for the language	634
and reading assessment described in division (A)(2) of section	635
3301.0715 of the Revised Code, if the parent of that student	636
requests the district not to report those results.	637

(2) Personnel and classroom enrollment data for each school	638
district, including:	639

(a) The total numbers of licensed employees and nonlicensed	640
employees and the numbers of full-time equivalent licensed	641
employees and nonlicensed employees providing each category of	642
instructional service, instructional support service, and	643
administrative support service used pursuant to division (C)(3) of	644
this section. The guidelines adopted under this section shall	645
require these categories of data to be maintained for the school	646
district as a whole and, wherever applicable, for each grade in	647
the school district as a whole, for each school building as a	648
whole, and for each grade in each school building.	649

(b) The total number of employees and the number of full-time	650
equivalent employees providing each category of service used	651
pursuant to divisions (C)(4)(a) and (b) of this section, and the	652
total numbers of licensed employees and nonlicensed employees and	653
the numbers of full-time equivalent licensed employees and	654
nonlicensed employees providing each category used pursuant to	655
division (C)(4)(c) of this section. The guidelines adopted under	656
this section shall require these categories of data to be	657
maintained for the school district as a whole and, wherever	658
applicable, for each grade in the school district as a whole, for	659
each school building as a whole, and for each grade in each school	660
building.	661

(c) The total number of regular classroom teachers teaching	662
classes of regular education and the average number of pupils	663
enrolled in each such class, in each of grades kindergarten	664
through five in the district as a whole and in each school	665
building in the school district.	666

(d) The number of lead teachers employed by each school	667
district and each school building.	668

(3)(a) Student demographic data for each school district,	669
including information regarding the gender ratio of the school	670
district's pupils, the racial make-up of the school district's	671
pupils, the number of limited English proficient students in the	672
district, and an appropriate measure of the number of the school	673
district's pupils who reside in economically disadvantaged	674
households. The demographic data shall be collected in a manner to	675
allow correlation with data collected under division (B)(1) of	676
this section. Categories for data collected pursuant to division	677
(B)(3) of this section shall conform, where appropriate, to	678
standard practices of agencies of the federal government.	679

(b) With respect to each student entering kindergarten,	680
whether the student previously participated in a public preschool	681
program, a private preschool program, or a head start program, and	682
the number of years the student participated in each of these	683
programs.	684

(4) Any data required to be collected pursuant to federal	685
law.	686

(C) The education management information system shall include	687
cost accounting data for each district as a whole and for each	688
school building in each school district. The guidelines adopted	689
under this section shall require the cost data for each school	690
district to be maintained in a system of mutually exclusive cost	691
units and shall require all of the costs of each school district	692
to be divided among the cost units. The guidelines shall require	693
the system of mutually exclusive cost units to include at least	694
the following:	695

(1) Administrative costs for the school district as a whole.	696
The guidelines shall require the cost units under this division	697
(C)(1) to be designed so that each of them may be compiled and	698
reported in terms of average expenditure per pupil in formula ADM	699
in the school district, as determined pursuant to section 3317.03	700
of the Revised Code.	701

(2) Administrative costs for each school building in the	702
school district. The guidelines shall require the cost units under	703
this division (C)(2) to be designed so that each of them may be	704
compiled and reported in terms of average expenditure per	705
full-time equivalent pupil receiving instructional or support	706
services in each building.	707

(3) Instructional services costs for each category of	708
instructional service provided directly to students and required	709
by guidelines adopted pursuant to division (B)(1)(a) of this	710
section. The guidelines shall require the cost units under	711
division (C)(3) of this section to be designed so that each of	712
them may be compiled and reported in terms of average expenditure	713
per pupil receiving the service in the school district as a whole	714
and average expenditure per pupil receiving the service in each	715
building in the school district and in terms of a total cost for	716
each category of service and, as a breakdown of the total cost, a	717
cost for each of the following components:	718

(a) The cost of each instructional services category required	719
by guidelines adopted under division (B)(1)(a) of this section	720
that is provided directly to students by a classroom teacher;	721

(b) The cost of the instructional support services, such as	722
services provided by a speech-language pathologist, classroom	723
aide, multimedia aide, or librarian, provided directly to students	724
in conjunction with each instructional services category;	725

(c) The cost of the administrative support services related	726
to each instructional services category, such as the cost of	727
personnel that develop the curriculum for the instructional	728
services category and the cost of personnel supervising or	729
coordinating the delivery of the instructional services category.	730

(4) Support or extracurricular services costs for each	731
category of service directly provided to students and required by	732
guidelines adopted pursuant to division (B)(1)(b) of this section.	733
The guidelines shall require the cost units under division (C)(4)	734
of this section to be designed so that each of them may be	735
compiled and reported in terms of average expenditure per pupil	736
receiving the service in the school district as a whole and	737
average expenditure per pupil receiving the service in each	738
building in the school district and in terms of a total cost for	739
each category of service and, as a breakdown of the total cost, a	740
cost for each of the following components:	741

(a) The cost of each support or extracurricular services	742
category required by guidelines adopted under division (B)(1)(b)	743
of this section that is provided directly to students by a	744
licensed employee, such as services provided by a guidance	745
counselor or any services provided by a licensed employee under a	746
supplemental contract;	747

(b) The cost of each such services category provided directly	748
to students by a nonlicensed employee, such as janitorial	749
services, cafeteria services, or services of a sports trainer;	750

(c) The cost of the administrative services related to each	751
services category in division (C)(4)(a) or (b) of this section,	752
such as the cost of any licensed or nonlicensed employees that	753
develop, supervise, coordinate, or otherwise are involved in	754
administering or aiding the delivery of each services category.	755

(D)(1) The guidelines adopted under this section shall	756
require school districts to collect information about individual	757
students, staff members, or both in connection with any data	758
required by division (B) or (C) of this section or other reporting	759
requirements established in the Revised Code. The guidelines may	760
also require school districts to report information about	761
individual staff members in connection with any data required by	762
division (B) or (C) of this section or other reporting	763
requirements established in the Revised Code. The guidelines shall	764
not authorize school districts to request social security numbers	765
of individual students. The guidelines shall prohibit the	766
reporting under this section of a student's name, address, and	767
social security number to the state board of education or the	768
department of education. The guidelines shall also prohibit the	769
reporting under this section of any personally identifiable	770
information about any student, except for the purpose of assigning	771
the data verification code required by division (D)(2) of this	772
section, to any other person unless such person is employed by the	773
school district or the information technology center operated	774
under section 3301.075 of the Revised Code and is authorized by	775
the district or technology center to have access to such	776
information or is employed by an entity with which the department	777
contracts for the scoring or the development of state assessments.	778
The guidelines may require school districts to provide the social	779
security numbers of individual staff members and the county of	780
residence for a student. Nothing in this section prohibits the	781
state board of education or department of education from providing	782
a student's county of residence to the department of taxation to	783
facilitate the distribution of tax revenue.	784

(2)(a) The guidelines shall provide for each school district	785
or community school to assign a data verification code that is	786
unique on a statewide basis over time to each student whose	787
initial Ohio enrollment is in that district or school and to	788
report all required individual student data for that student	789
utilizing such code. The guidelines shall also provide for	790
assigning data verification codes to all students enrolled in	791
districts or community schools on the effective date of the	792
guidelines established under this section. The assignment of data	793
verification codes for other entities, as described in division	794
(D)(2)(c) of this section, the use of those codes, and the	795
reporting and use of associated individual student data shall be	796
coordinated by the department in accordance with state and federal	797
law.	798

School districts shall report individual student data to the	799
department through the information technology centers utilizing	800
the code. The entities described in division (D)(2)(c) of this	801
section shall report individual student data to the department in	802
the manner prescribed by the department.	803

Except as provided in sections 3301.941, 3310.11, 3310.42,	804
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	805
shall the state board or the department have access to information	806
that would enable any data verification code to be matched to	807
personally identifiable student data.	808

(b) Each school district and community school shall ensure	809
that the data verification code is included in the student's	810
records reported to any subsequent school district, community	811
school, or state institution of higher education, as defined in	812
section 3345.011 of the Revised Code, in which the student	813
enrolls. Any such subsequent district or school shall utilize the	814
same identifier in its reporting of data under this section.	815

(c) The director of any state agency that administers a	816
publicly funded program providing services to children who are	817
younger than compulsory school age, as defined in section 3321.01	818
of the Revised Code, including the directors of health, job and	819
family services, mental health and addiction services, and	820
developmental disabilities, shall request and receive, pursuant to	821
sections 3301.0723 and 3701.62 of the Revised Code, a data	822
verification code for a child who is receiving those services.	823

(E) The guidelines adopted under this section may require	824
school districts to collect and report data, information, or	825
reports other than that described in divisions (A), (B), and (C)	826
of this section for the purpose of complying with other reporting	827
requirements established in the Revised Code. The other data,	828
information, or reports may be maintained in the education	829
management information system but are not required to be compiled	830
as part of the profile formats required under division (G) of this	831
section or the annual statewide report required under division (H)	832
of this section.	833

(F) Beginning with the school year that begins July 1, 1991,	834
the board of education of each school district shall annually	835
collect and report to the state board, in accordance with the	836
guidelines established by the board, the data required pursuant to	837
this section. A school district may collect and report these data	838
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	839

(G) The state board shall, in accordance with the procedures	840
it adopts, annually compile the data reported by each school	841
district pursuant to division (D) of this section. The state board	842
shall design formats for profiling each school district as a whole	843
and each school building within each district and shall compile	844
the data in accordance with these formats. These profile formats	845
shall:	846

(1) Include all of the data gathered under this section in a	847
manner that facilitates comparison among school districts and	848
among school buildings within each school district;	849

(2) Present the data on academic achievement levels as	850
assessed by the testing of student achievement maintained pursuant	851
to division (B)(1)(d) of this section.	852

(H)(1) The state board shall, in accordance with the	853
procedures it adopts, annually prepare a statewide report for all	854
school districts and the general public that includes the profile	855
of each of the school districts developed pursuant to division (G)	856
of this section. Copies of the report shall be sent to each school	857
district.	858

(2) The state board shall, in accordance with the procedures	859
it adopts, annually prepare an individual report for each school	860
district and the general public that includes the profiles of each	861
of the school buildings in that school district developed pursuant	862
to division (G) of this section. Copies of the report shall be	863
sent to the superintendent of the district and to each member of	864
the district board of education.	865

(3) Copies of the reports received from the state board under	866
divisions (H)(1) and (2) of this section shall be made available	867
to the general public at each school district's offices. Each	868
district board of education shall make copies of each report	869
available to any person upon request and payment of a reasonable	870
fee for the cost of reproducing the report. The board shall	871
annually publish in a newspaper of general circulation in the	872
school district, at least twice during the two weeks prior to the	873
week in which the reports will first be available, a notice	874
containing the address where the reports are available and the	875
date on which the reports will be available.	876

(I) Any data that is collected or maintained pursuant to this	877
section and that identifies an individual pupil is not a public	878
record for the purposes of section 149.43 of the Revised Code.	879

(J) As used in this section:

880

(1) "School district" means any city, local, exempted	881
village, or joint vocational school district and, in accordance	882
with section 3314.17 of the Revised Code, any community school. As	883
used in division (L) of this section, "school district" also	884
includes any educational service center or other educational	885
entity required to submit data using the system established under	886
this section.	887

(2) "Cost" means any expenditure for operating expenses made	888
by a school district excluding any expenditures for debt	889
retirement except for payments made to any commercial lending	890
institution for any loan approved pursuant to section 3313.483 of	891
the Revised Code.	892

(K) Any person who removes data from the information system	893
established under this section for the purpose of releasing it to	894
any person not entitled under law to have access to such	895
information is subject to section 2913.42 of the Revised Code	896
prohibiting tampering with data.	897

(L)(1) In accordance with division (L)(2) of this section and	898
the rules adopted under division (L)(10) of this section, the	899
department of education may sanction any school district that	900
reports incomplete or inaccurate data, reports data that does not	901
conform to data requirements and descriptions published by the	902
department, fails to report data in a timely manner, or otherwise	903
does not make a good faith effort to report data as required by	904
this section.	905

(2) If the department decides to sanction a school district	906
under this division, the department shall take the following	907
sequential actions:	908

(a) Notify the district in writing that the department has	909
determined that data has not been reported as required under this	910
section and require the district to review its data submission and	911
submit corrected data by a deadline established by the department.	912
The department also may require the district to develop a	913
corrective action plan, which shall include provisions for the	914
district to provide mandatory staff training on data reporting	915
procedures.	916

(b) Withhold up to ten per cent of the total amount of state	917
funds due to the district for the current fiscal year and, if not	918
previously required under division (L)(2)(a) of this section,	919
require the district to develop a corrective action plan in	920
accordance with that division;	921

(c) Withhold an additional amount of up to twenty per cent of	922
the total amount of state funds due to the district for the	923
current fiscal year;	924

(d) Direct department staff or an outside entity to	925
investigate the district's data reporting practices and make	926
recommendations for subsequent actions. The recommendations may	927
include one or more of the following actions:	928

(i) Arrange for an audit of the district's data reporting	929
practices by department staff or an outside entity;	930

(ii) Conduct a site visit and evaluation of the district;

931

(iii) Withhold an additional amount of up to thirty per cent	932
of the total amount of state funds due to the district for the	933
current fiscal year;	934

(iv) Continue monitoring the district's data reporting;

935

(v) Assign department staff to supervise the district's data	936
management system;	937

(vi) Conduct an investigation to determine whether to suspend	938
or revoke the license of any district employee in accordance with	939
division (N) of this section;	940

(vii) If the district is issued a report card under section	941
3302.03 of the Revised Code, indicate on the report card that the	942
district has been sanctioned for failing to report data as	943
required by this section;	944

(viii) If the district is issued a report card under section	945
3302.03 of the Revised Code and incomplete or inaccurate data	946
submitted by the district likely caused the district to receive a	947
higher performance rating than it deserved under that section,	948
issue a revised report card for the district;	949

(ix) Any other action designed to correct the district's data	950
reporting problems.	951

(3) Any time the department takes an action against a school	952
district under division (L)(2) of this section, the department	953
shall make a report of the circumstances that prompted the action.	954
The department shall send a copy of the report to the district	955
superintendent or chief administrator and maintain a copy of the	956
report in its files.	957

(4) If any action taken under division (L)(2) of this section	958
resolves a school district's data reporting problems to the	959
department's satisfaction, the department shall not take any	960
further actions described by that division. If the department	961
withheld funds from the district under that division, the	962
department may release those funds to the district, except that if	963
the department withheld funding under division (L)(2)(c) of this	964
section, the department shall not release the funds withheld under	965
division (L)(2)(b) of this section and, if the department withheld	966
funding under division (L)(2)(d) of this section, the department	967
shall not release the funds withheld under division (L)(2)(b) or	968
(c) of this section.	969

(5) Notwithstanding anything in this section to the contrary,	970
the department may use its own staff or an outside entity to	971
conduct an audit of a school district's data reporting practices	972
any time the department has reason to believe the district has not	973
made a good faith effort to report data as required by this	974
section. If any audit conducted by an outside entity under	975
division (L)(2)(d)(i) or (5) of this section confirms that a	976
district has not made a good faith effort to report data as	977
required by this section, the district shall reimburse the	978
department for the full cost of the audit. The department may	979
withhold state funds due to the district for this purpose.	980

(6) Prior to issuing a revised report card for a school	981
district under division (L)(2)(d)(viii) of this section, the	982
department may hold a hearing to provide the district with an	983
opportunity to demonstrate that it made a good faith effort to	984
report data as required by this section. The hearing shall be	985
conducted by a referee appointed by the department. Based on the	986
information provided in the hearing, the referee shall recommend	987
whether the department should issue a revised report card for the	988
district. If the referee affirms the department's contention that	989
the district did not make a good faith effort to report data as	990
required by this section, the district shall bear the full cost of	991
conducting the hearing and of issuing any revised report card.	992

(7) If the department determines that any inaccurate data	993
reported under this section caused a school district to receive	994
excess state funds in any fiscal year, the district shall	995
reimburse the department an amount equal to the excess funds, in	996
accordance with a payment schedule determined by the department.	997
The department may withhold state funds due to the district for	998
this purpose.	999

(8) Any school district that has funds withheld under	1000
division (L)(2) of this section may appeal the withholding in	1001
accordance with Chapter 119. of the Revised Code.	1002

(9) In all cases of a disagreement between the department and	1003
a school district regarding the appropriateness of an action taken	1004
under division (L)(2) of this section, the burden of proof shall	1005
be on the district to demonstrate that it made a good faith effort	1006
to report data as required by this section.	1007

(10) The state board of education shall adopt rules under	1008
Chapter 119. of the Revised Code to implement division (L) of this	1009
section.	1010

(M) No information technology center or school district shall	1011
acquire, change, or update its student administration software	1012
package to manage and report data required to be reported to the	1013
department unless it converts to a student software package that	1014
is certified by the department.	1015

(N) The state board of education, in accordance with sections	1016
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1017
license as defined under division (A) of section 3319.31 of the	1018
Revised Code that has been issued to any school district employee	1019
found to have willfully reported erroneous, inaccurate, or	1020
incomplete data to the education management information system.	1021

(O) No person shall release or maintain any information about	1022
any student in violation of this section. Whoever violates this	1023
division is guilty of a misdemeanor of the fourth degree.	1024

(P) The department shall disaggregate the data collected	1025
under division (B)(1)(n) of this section according to the race and	1026
socioeconomic status of the students assessed. ~~No data collected~~	1027
~~under that division shall be included on the report cards required~~	1028
~~by section 3302.03 of the Revised Code.~~	1029

(Q) If the department cannot compile any of the information	1030
required by division (H) of section 3302.03 of the Revised Code	1031
based upon the data collected under this section, the department	1032
shall develop a plan and a reasonable timeline for the collection	1033
of any data necessary to comply with that division.	1034

Sec. 3301.0715. (A) Except as otherwise required under	1035
division (B)(1) of section 3313.608 of the Revised Code, the board	1036
of education of each city, local, and exempted village school	1037
district shall administer each applicable diagnostic assessment	1038
developed and provided to the district in accordance with section	1039
3301.079 of the Revised Code to the following:	1040

(1) Any student who transfers into the district or to a	1041
different school within the district if each applicable diagnostic	1042
assessment was not administered by the district or school the	1043
student previously attended in the current school year, within	1044
thirty days after the date of transfer. If the district or school	1045
into which the student transfers cannot determine whether the	1046
student has taken any applicable diagnostic assessment in the	1047
current school year, the district or school may administer the	1048
diagnostic assessment to the student. However, if a student	1049
transfers into the district prior to the administration of the	1050
diagnostic assessments to all students under division (B) of this	1051
section, the district may administer the diagnostic assessments to	1052
that student on the date or dates determined under that division.	1053

(2)~~(a) Prior to July 1, 2014, each kindergarten student, not~~	1054
~~earlier than four weeks prior to the first day of school and not~~	1055
~~later than the first day of October.~~	1056

~~(b) Beginning July 1, 2014, each~~Each kindergarten student,	1057
not earlier than the first day of the school year and not later	1058
than the first day of November, except that the language and	1059
reading skills portion of the assessment shall be administered by	1060
the thirtieth day of September to fulfill the requirements of	1061
division (B) of section 3313.608 of the Revised Code.	1062

For the purpose of division (A)(2) of this section, the	1063
district shall administer the kindergarten readiness assessment	1064
provided by the department of education. In no case shall the	1065
results of the readiness assessment be used to prohibit a student	1066
from enrolling in kindergarten.	1067

(3) Each student enrolled in first, second, or third grade.

1068

Division (A) of this section does not apply to students with	1069
significant cognitive disabilities, as defined by the department	1070
of education.	1071

(B) Each district board shall administer each diagnostic	1072
assessment when the board deems appropriate, provided the	1073
administration complies with section 3313.608 of the Revised Code.	1074
However, the board shall administer any diagnostic assessment at	1075
least once annually to all students in the appropriate grade	1076
level. A district board may administer any diagnostic assessment	1077
in the fall and spring of a school year to measure the amount of	1078
academic growth attributable to the instruction received by	1079
students during that school year.	1080

(C) Any district that received ~~an excellent or effective~~	1081
~~rating~~a grade of "A" or "B" for the performance index score under	1082
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of	1083
the Revised Code or for the value-added progress dimension under	1084
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of	1085
the Revised Code for the immediately preceding school year,	1086
~~pursuant to section 3302.03 of the Revised Code as it existed~~	1087
~~prior to March 22, 2013, or the equivalent of such rating as~~	1088
~~determined by the department of education,~~ may use different	1089
diagnostic assessments from those adopted under division (D) of	1090
section 3301.079 of the Revised Code in order to satisfy the	1091
requirements of division (A)~~(2)~~(3) of this section.	1092

(D) Each district board shall utilize and score any	1093
diagnostic assessment administered under division (A) of this	1094
section in accordance with rules established by the department.	1095
After the administration of any diagnostic assessment, each	1096
district shall provide a student's completed diagnostic	1097
assessment, the results of such assessment, and any other	1098
accompanying documents used during the administration of the	1099
assessment to the parent of that student, and shall include all	1100
such documents and information in any plan developed for the	1101
student under division (C) of section 3313.608 of the Revised	1102
Code. Each district shall submit to the department, in the manner	1103
the department prescribes, the results of the diagnostic	1104
assessments administered under this section, regardless of the	1105
type of assessment used under section 3313.608 of the Revised	1106
Code. The department may issue reports with respect to the data	1107
collected. The department may report school and district level	1108
kindergarten diagnostic assessment data and use diagnostic	1109
assessment data to calculate the measure prescribed by divisions	1110
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.	1111

(E) Each district board shall provide intervention services	1112
to students whose diagnostic assessments show that they are	1113
failing to make satisfactory progress toward attaining the	1114
academic standards for their grade level.	1115

Sec. 3301.163. (A) Beginning July 1, 2015, any third-grade	1116
student who attends a chartered nonpublic school with a	1117
scholarship awarded under either the educational choice	1118
scholarship pilot program, prescribed in sections 3310.01 to	1119
3310.17, or the pilot project scholarship program prescribed in	1120
sections 3313.974 to 3313.979 of the Revised Code, shall be	1121
subject to the third-grade reading guarantee retention provisions	1122
under division (A)(2) of section 3313.608 of the Revised Code.	1123

(B)(1) Each chartered nonpublic school that enrolls students	1124
in any of grades kindergarten through three and that accepts	1125
students under the educational choice scholarship pilot program or	1126
the pilot project scholarship program shall adopt policies and	1127
procedures for the annual assessment of the reading skills of	1128
those students. Each school may use the diagnostic assessment to	1129
measure reading ability for the appropriate grade level prescribed	1130
in division (B) of section 3313.608 of the Revised Code. If the	1131
school uses such assessments, the department of education shall	1132
furnish them to the chartered nonpublic school.	1133

(2) For each student identified as having reading skills	1134
below grade level, the school shall do both of the following:	1135

(a) Provide to the student's parent or guardian, in writing,	1136
all of the following:	1137

(i) Notification that the student has been identified as	1138
having a substantial deficiency in reading;	1139

(ii) Notification that if the student attains a score in the	1140
range designated under division (A)(3) of section 3301.0710 of the	1141
Revised Code on the assessment prescribed under that section to	1142
measure skill in English language arts expected at the end of	1143
third grade, the student shall be retained unless the student is	1144
exempt under division (A)(1) of section 3313.608 of the Revised	1145
Code.	1146

(b) Provide intensive reading instruction services, as	1147
determined appropriate by the school, to each student identified	1148
under this section.	1149

(C) Each chartered nonpublic school subject to this section	1150
annually shall report to the department the number of students	1151
identified as reading at grade level and the number of students	1152
identified as reading below grade level.	1153

Sec. 3302.03. Annually, not later than the fifteenth day of	1154
September or the preceding Friday when that day falls on a	1155
Saturday or Sunday, the department of education shall assign a	1156
letter grade for overall academic performance and for each	1157
separate performance measure for each school district, and each	1158
school building in a district, in accordance with this section.	1159
The state board shall adopt rules pursuant to Chapter 119. of the	1160
Revised Code to establish performance criteria for each letter	1161
grade and prescribe a method by which the department assigns each	1162
letter grade. For a school building to which any of the	1163
performance measures do not apply, due to grade levels served by	1164
the building, the state board shall designate the performance	1165
measures that are applicable to the building and that must be	1166
calculated separately and used to calculate the building's overall	1167
grade. The department shall issue annual report cards reflecting	1168
the performance of each school district, each building within each	1169
district, and for the state as a whole using the performance	1170
measures and letter grade system described in this section. The	1171
department shall include on the report card for each district and	1172
each building within each district the most recent two-year trend	1173
data in student achievement for each subject and each grade.	1174

(A)(1) For the 2012-2013 school year, the department shall	1175
issue grades as described in division (E) of this section for each	1176
of the following performance measures:	1177

(a) Annual measurable objectives;

1178

(b) Performance index score for a school district or	1179
building. Grades shall be awarded as a percentage of the total	1180
possible points on the performance index system as adopted by the	1181
state board. In adopting benchmarks for assigning letter grades	1182
under division (A)(1)(b) of this section, the state board of	1183
education shall designate ninety per cent or higher for an "A," at	1184
least seventy per cent but not more than eighty per cent for a	1185
"C," and less than fifty per cent for an "F."	1186

(c) The extent to which the school district or building meets	1187
each of the applicable performance indicators established by the	1188
state board under section 3302.02 of the Revised Code and the	1189
percentage of applicable performance indicators that have been	1190
achieved. In adopting benchmarks for assigning letter grades under	1191
division (A)(1)(c) of this section, the state board shall	1192
designate ninety per cent or higher for an "A."	1193

(d) The four- and five-year adjusted cohort graduation rates.

1194

In adopting benchmarks for assigning letter grades under	1195
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	1196
department shall designate a four-year adjusted cohort graduation	1197
rate of ninety-three per cent or higher for an "A" and a five-year	1198
cohort graduation rate of ninety-five per cent or higher for an	1199
"A."	1200

(e) The overall score under the value-added progress	1201
dimension of a school district or building, for which the	1202
department shall use up to three years of value-added data as	1203
available. The letter grade assigned for this growth measure shall	1204
be as follows:	1205

(i) A score that is at least two standard errors of measure	1206
above the mean score shall be designated as an "A."	1207

(ii) A score that is at least one standard error of measure	1208
but less than two standard errors of measure above the mean score	1209
shall be designated as a "B."	1210

(iii) A score that is less than one standard error of measure	1211
above the mean score but greater than or equal to one standard	1212
error of measure below the mean score shall be designated as a	1213
"C."	1214

(iv) A score that is not greater than one standard error of	1215
measure below the mean score but is greater than or equal to two	1216
standard errors of measure below the mean score shall be	1217
designated as a "D."	1218

(v) A score that is not greater than two standard errors of	1219
measure below the mean score shall be designated as an "F."	1220

Whenever the value-added progress dimension is used as a	1221
graded performance measure, whether as an overall measure or as a	1222
measure of separate subgroups, the grades for the measure shall be	1223
calculated in the same manner as prescribed in division (A)(1)(e)	1224
of this section.	1225

(f) The value-added progress dimension score for a school	1226
district or building disaggregated for each of the following	1227
subgroups: students identified as gifted, students with	1228
disabilities, and students whose performance places them in the	1229
lowest quintile for achievement on a statewide basis. Each	1230
subgroup shall be a separate graded measure.	1231

(2) Not later than April 30, 2013, the state board of	1232
education shall adopt a resolution describing the performance	1233
measures, benchmarks, and grading system for the 2012-2013 school	1234
year and, not later than June 30, 2013, shall adopt rules in	1235
accordance with Chapter 119. of the Revised Code that prescribe	1236
the methods by which the performance measures under division	1237
(A)(1) of this section shall be assessed and assigned a letter	1238
grade, including performance benchmarks for each letter grade.	1239

At least forty-five days prior to the state board's adoption	1240
of rules to prescribe the methods by which the performance	1241
measures under division (A)(1) of this section shall be assessed	1242
and assigned a letter grade, the department shall conduct a public	1243
presentation before the standing committees of the house of	1244
representatives and the senate that consider education legislation	1245
describing such methods, including performance benchmarks.	1246

(3) There shall not be an overall letter grade for a school	1247
district or building for the 2012-2013 school year.	1248

(B)(1) For the 2013-2014 school year, the department shall	1249
issue grades as described in division (E) of this section for each	1250
of the following performance measures:	1251

(a) Annual measurable objectives;

1252

(b) Performance index score for a school district or	1253
building. Grades shall be awarded as a percentage of the total	1254
possible points on the performance index system as created by the	1255
department. In adopting benchmarks for assigning letter grades	1256
under division (B)(1)(b) of this section, the state board shall	1257
designate ninety per cent or higher for an "A," at least seventy	1258
per cent but not more than eighty per cent for a "C," and less	1259
than fifty per cent for an "F."	1260

(c) The extent to which the school district or building meets	1261
each of the applicable performance indicators established by the	1262
state board under section 3302.03 of the Revised Code and the	1263
percentage of applicable performance indicators that have been	1264
achieved. In adopting benchmarks for assigning letter grades under	1265
division (B)(1)(c) of this section, the state board shall	1266
designate ninety per cent or higher for an "A."	1267

(d) The four- and five-year adjusted cohort graduation rates;

1268

(e) The overall score under the value-added progress	1269
dimension of a school district or building, for which the	1270
department shall use ~~up to three years of~~ value-added data asfrom	1271
the most recent school year available.	1272

For calculating the metric prescribed by division (B)(1)(e)	1273
of this section, the department shall use assessment scores for	1274
only those students to whom the district or building has	1275
administered the assessments prescribed by section 3301.0710 of	1276
the Revised Code for each of the two most recent consecutive	1277
school years.	1278

(f) The value-added progress dimension score for a school	1279
district or building disaggregated for each of the following	1280
subgroups: students identified as gifted in superior cognitive	1281
ability and specific academic ability fields under Chapter 3324.	1282
of the Revised Code, students with disabilities, and students	1283
whose performance places them in the lowest quintile for	1284
achievement on a statewide basis. Each subgroup shall be a	1285
separate graded measure.	1286

(g) Whether a school district or building is making progress	1287
in improving literacy in grades kindergarten through three, as	1288
determined using a method prescribed by the state board. The state	1289
board shall adopt rules to prescribe benchmarks and standards for	1290
assigning grades to districts and buildings for purposes of	1291
division (B)(1)(g) of this section. In adopting benchmarks for	1292
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	1293
this section, the state board shall determine progress made based	1294
on the reduction in the total percentage of students scoring below	1295
grade level, or below proficient, compared from year to year on	1296
the reading and writing diagnostic assessments administered under	1297
section 3301.0715 of the Revised Code and the third grade English	1298
language arts assessment under section 3301.0710 of the Revised	1299
Code, as applicable. The state board shall designate for a "C"	1300
grade a value that is not lower than the statewide average value	1301
for this measure. No grade shall be issued under divisions	1302
(B)(1)(g) and (C)(1)(g) of this section for a district or building	1303
in which less than five per cent of students have scored below	1304
grade level on the diagnostic assessment administered to students	1305
in kindergarten under division (B)(1) of section 3313.608 of the	1306
Revised Code.	1307

(2) In addition to the graded measures in division (B)(1) of	1308
this section, the department shall include on a school district's	1309
or building's report card all of the following without an assigned	1310
letter grade:	1311

(a) The percentage of students enrolled in a district or	1312
building participating in advanced placement classes and the	1313
percentage of those students who received a score of three or	1314
better on advanced placement examinations;	1315

(b) The number of a district's or building's students who	1316
have earned at least three college credits through dual enrollment	1317
or advanced standing programs, such as the post-secondary	1318
enrollment options program under Chapter 3365. of the Revised Code	1319
and state-approved career-technical courses offered through dual	1320
enrollment or statewide articulation, that appear on a student's	1321
transcript or other official document, either of which is issued	1322
by the institution of higher education from which the student	1323
earned the college credit. The credits earned that are reported	1324
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1325
include any that are remedial or developmental and shall include	1326
those that count toward the curriculum requirements established	1327
for completion of a degree.	1328

(c) The percentage of students enrolled in a district or	1329
building who have taken a national standardized test used for	1330
college admission determinations and the percentage of those	1331
students who are determined to be remediation-free in accordance	1332
with standards adopted under division (F) of section 3345.061 of	1333
the Revised Code;	1334

(d) The percentage of the district's or the building's	1335
students who receive industry credentials. The state board shall	1336
adopt criteria for acceptable industry credentials.	1337

(e) The percentage of students enrolled in a district or	1338
building who are participating in an international baccalaureate	1339
program and the percentage of those students who receive a score	1340
of four or better on the international baccalaureate examinations.	1341

(f) The percentage of the district's or building's students	1342
who receive an honors diploma under division (B) of section	1343
3313.61 of the Revised Code.	1344

(3) Not later than December 31, 2013, the state board shall	1345
adopt rules in accordance with Chapter 119. of the Revised Code	1346
that prescribe the methods by which the performance measures under	1347
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	1348
and assigned a letter grade, including performance benchmarks for	1349
each grade.	1350

At least forty-five days prior to the state board's adoption	1351
of rules to prescribe the methods by which the performance	1352
measures under division (B)(1) of this section shall be assessed	1353
and assigned a letter grade, the department shall conduct a public	1354
presentation before the standing committees of the house of	1355
representatives and the senate that consider education legislation	1356
describing such methods, including performance benchmarks.	1357

(4) There shall not be an overall letter grade for a school	1358
district or building for the 2013-2014 school year.	1359

(C)(1) For the 2014-2015 school year and each school year	1360
thereafter, the department shall issue grades as described in	1361
division (E) of this section for each of the following performance	1362
measures and an overall letter grade based on an aggregate of	1363
those measures:	1364

(a) Annual measurable objectives;

1365

(b) Performance index score for a school district or	1366
building. Grades shall be awarded as a percentage of the total	1367
possible points on the performance index system as created by the	1368
department. In adopting benchmarks for assigning letter grades	1369
under division (C)(1)(b) of this section, the state board shall	1370
designate ninety per cent or higher for an "A," at least seventy	1371
per cent but not more than eighty per cent for a "C," and less	1372
than fifty per cent for an "F."	1373

(c) The extent to which the school district or building meets	1374
each of the applicable performance indicators established by the	1375
state board under section 3302.03 of the Revised Code and the	1376
percentage of applicable performance indicators that have been	1377
achieved. In adopting benchmarks for assigning letter grades under	1378
division (C)(1)(c) of this section, the state board shall	1379
designate ninety per cent or higher for an "A."	1380

(d) The four- and five-year adjusted cohort graduation rates;

1381

(e) The overall score under the value-added progress	1382
dimension, or another measure of student academic progress if	1383
adopted by the state board, of a school district or building, for	1384
which the department shall use ~~up to three years of~~ value-added	1385
data asfrom the most recent school year available.	1386

In adopting benchmarks for assigning letter grades for	1387
overall score on value-added progress dimension under division	1388
(C)(1)(e) of this section, the state board shall prohibit the	1389
assigning of a grade of "A" for that measure unless the district's	1390
or building's grade assigned for value-added progress dimension	1391
for all subgroups under division (C)(1)(f) of this section is a	1392
"B" or higher.	1393

For calculating the metric prescribed by division (C)(1)(e)	1394
of this section, the department shall use assessment scores for	1395
only those students to whom the district or building has	1396
administered the assessments prescribed by section 3301.0710 of	1397
the Revised Code for each of the two most recent consecutive	1398
school years.	1399

For the metric prescribed by division (C)(1)(e) of this	1400
section, the state board may adopt a student academic progress	1401
measure to be used instead of the value-added progress dimension.	1402
If the state board adopts such a measure, it also shall prescribe	1403
a method for assigning letter grades for the new measure that is	1404
comparable to the method prescribed in division (A)(1)(e) of this	1405
section.	1406

(f) The value-added progress dimension score of a school	1407
district or building disaggregated for each of the following	1408
subgroups: students identified as gifted in superior cognitive	1409
ability and specific academic ability fields under Chapter 3324.	1410
of the Revised Code, students with disabilities, and students	1411
whose performance places them in the lowest quintile for	1412
achievement on a statewide basis, as determined by a method	1413
prescribed by the state board. Each subgroup shall be a separate	1414
graded measure.	1415

The state board may adopt student academic progress measures	1416
to be used instead of the value-added progress dimension. If the	1417
state board adopts such measures, it also shall prescribe a method	1418
for assigning letter grades for the new measures that is	1419
comparable to the method prescribed in division (A)(1)(e) of this	1420
section.	1421

(g) Whether a school district or building is making progress	1422
in improving literacy in grades kindergarten through three, as	1423
determined using a method prescribed by the state board. The state	1424
board shall adopt rules to prescribe benchmarks and standards for	1425
assigning grades to a district or building for purposes of	1426
division (C)(1)(g) of this section. The state board shall	1427
designate for a "C" grade a value that is not lower than the	1428
statewide average value for this measure. No grade shall be issued	1429
under division (C)(1)(g) of this section for a district or	1430
building in which less than five per cent of students have scored	1431
below grade level on the kindergarten diagnostic assessment under	1432
division (B)(1) of section 3313.608 of the Revised Code.	1433

(2) In addition to the graded measures in division (C)(1) of	1434
this section, the department shall include on a school district's	1435
or building's report card all of the following without an assigned	1436
letter grade:	1437

(a) The percentage of students enrolled in a district or	1438
building who have taken a national standardized test used for	1439
college admission determinations and the percentage of those	1440
students who are determined to be remediation-free in accordance	1441
with the standards adopted under division (F) of section 3345.061	1442
of the Revised Code;	1443

(b) The percentage of students enrolled in a district or	1444
building participating in advanced placement classes and the	1445
percentage of those students who received a score of three or	1446
better on advanced placement examinations;	1447

(c) The ~~number~~percentage of a district's or building's	1448
students who have earned at least three college credits through	1449
~~dual enrollment~~advanced standing programs, such as the	1450
~~post-secondary enrollment options~~college credit plus program	1451
under Chapter 3365. of the Revised Code and state-approved	1452
career-technical courses offered through dual enrollment or	1453
statewide articulation, that appear on a student's college	1454
transcript ~~or other official document, either of which is~~ issued	1455
by the institution of higher education from which the student	1456
earned the college credit. The credits earned that are reported	1457
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	1458
include any that are remedial or developmental and shall include	1459
those that count toward the curriculum requirements established	1460
for completion of a degree.	1461

(d) The percentage of the district's or building's students	1462
who receive an honor's diploma under division (B) of section	1463
3313.61 of the Revised Code;	1464

(e) The percentage of the district's or building's students	1465
who receive industry credentials;	1466

(f) The percentage of students enrolled in a district or	1467
building who are participating in an international baccalaureate	1468
program and the percentage of those students who receive a score	1469
of four or better on the international baccalaureate examinations;	1470

(g) The results of the college and career-ready assessments	1471
administered under division (B)(1) of section 3301.0712 of the	1472
Revised Code.	1473

(3) The state board shall adopt rules pursuant to Chapter	1474
119. of the Revised Code that establish a method to assign an	1475
overall grade for a school district or school building for the	1476
2014-2015 school year and each school year thereafter. The rules	1477
shall group the performance measures in divisions (C)(1) and (2)	1478
of this section into the following components:	1479

(a) Gap closing, which shall include the performance measure	1480
in division (C)(1)(a) of this section;	1481

(b) Achievement, which shall include the performance measures	1482
in divisions (C)(1)(b) and (c) of this section;	1483

(c) Progress, which shall include the performance measures in	1484
divisions (C)(1)(e) and (f) of this section;	1485

(d) Graduation, which shall include the performance measure	1486
in division (C)(1)(d) of this section;	1487

(e) Kindergarten through third-grade literacy, which shall	1488
include the performance measure in division (C)(1)(g) of this	1489
section;	1490

(f) Prepared for success, which shall include the performance	1491
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1492
this section. The state board shall develop a method to determine	1493
a grade for the component in division (C)(3)(f) of this section	1494
using the performance measures in divisions (C)(2)(a), (b), (c),	1495
(d), (e), and (f) of this section. When available, the state board	1496
may incorporate the performance measure under division (C)(2)(g)	1497
of this section into the component under division (C)(3)(f) of	1498
this section. When determining the overall grade for the prepared	1499
for success component prescribed by division (C)(3)(f) of this	1500
section, no individual student shall be counted in more than one	1501
performance measure. However, if a student qualifies for more than	1502
one performance measure in the component, the state board may, in	1503
its method to determine a grade for the component, specify an	1504
additional weight for such a student that is not greater than or	1505
equal to 1.0. In determining the overall score under division	1506
(C)(3)(f) of this section, the state board shall ensure that the	1507
pool of students included in the performance measures aggregated	1508
under that division are all of the students included in the four-	1509
and five-year adjusted graduation cohort.	1510

In the rules adopted under division (C)(3) of this section,	1511
the state board shall adopt a method for determining a grade for	1512
each component in divisions (C)(3)(a) to (f) of this section. The	1513
state board also shall establish a method to assign an overall	1514
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1515
each component. The method the state board adopts for assigning an	1516
overall grade shall give equal weight to the components in	1517
divisions (C)(3)(b) and (c) of this section.	1518

At least forty-five days prior to the state board's adoption	1519
of rules to prescribe the methods for calculating the overall	1520
grade for the report card, as required by this division, the	1521
department shall conduct a public presentation before the standing	1522
committees of the house of representatives and the senate that	1523
consider education legislation describing the format for the	1524
report card, weights that will be assigned to the components of	1525
the overall grade, and the method for calculating the overall	1526
grade.	1527

(D) Not later than July 1, 2015, the state board shall	1528
develop a measure of student academic progress for high school	1529
students. Beginning with the report card for the 2015-2016 school	1530
year, each school district and applicable school building shall be	1531
assigned a separate letter grade for this measure and the	1532
district's or building's grade for that measure shall be included	1533
in determining the district's or building's overall letter grade.	1534
This measure shall be included within the measure prescribed in	1535
division (C)(3)(c) of this section in the calculation for the	1536
overall letter grade.	1537

(E) The letter grades assigned to a school district or	1538
building under this section shall be as follows:	1539

(1) "A" for a district or school making excellent progress;

1540

(2) "B" for a district or school making above average	1541
progress;	1542

(3) "C" for a district or school making average progress;

1543

(4) "D" for a district or school making below average	1544
progress;	1545

(5) "F" for a district or school failing to meet minimum	1546
progress.	1547

(F) When reporting data on student achievement and progress,	1548
the department shall disaggregate that data according to the	1549
following categories:	1550

(1) Performance of students by grade-level;

1551

(2) Performance of students by race and ethnic group;

1552

(3) Performance of students by gender;

1553

(4) Performance of students grouped by those who have been	1554
enrolled in a district or school for three or more years;	1555

(5) Performance of students grouped by those who have been	1556
enrolled in a district or school for more than one year and less	1557
than three years;	1558

(6) Performance of students grouped by those who have been	1559
enrolled in a district or school for one year or less;	1560

(7) Performance of students grouped by those who are	1561
economically disadvantaged;	1562

(8) Performance of students grouped by those who are enrolled	1563
in a conversion community school established under Chapter 3314.	1564
of the Revised Code;	1565

(9) Performance of students grouped by those who are	1566
classified as limited English proficient;	1567

(10) Performance of students grouped by those who have	1568
disabilities;	1569

(11) Performance of students grouped by those who are	1570
classified as migrants;	1571

(12) Performance of students grouped by those who are	1572
identified as gifted in superior cognitive ability and the	1573
specific academic ability fields of reading and math pursuant to	1574
Chapter 3324. of the Revised Code. In disaggregating specific	1575
academic ability fields for gifted students, the department shall	1576
use data for those students with specific academic ability in math	1577
and reading. If any other academic field is assessed, the	1578
department shall also include data for students with specific	1579
academic ability in that field as well.	1580

(13) Performance of students grouped by those who perform in	1581
the lowest quintile for achievement on a statewide basis, as	1582
determined by a method prescribed by the state board.	1583

The department may disaggregate data on student performance	1584
according to other categories that the department determines are	1585
appropriate. To the extent possible, the department shall	1586
disaggregate data on student performance according to any	1587
combinations of two or more of the categories listed in divisions	1588
(F)(1) to (13) of this section that it deems relevant.	1589

In reporting data pursuant to division (F) of this section,	1590
the department shall not include in the report cards any data	1591
statistical in nature that is statistically unreliable or that	1592
could result in the identification of individual students. For	1593
this purpose, the department shall not report student performance	1594
data for any group identified in division (F) of this section that	1595
contains less than ten students. If the department does not report	1596
student performance data for a group because it contains less than	1597
ten students, the department shall indicate on the report card	1598
that is why data was not reported.	1599

(G) The department may include with the report cards any	1600
additional education and fiscal performance data it deems	1601
valuable.	1602

(H) The department shall include on each report card a list	1603
of additional information collected by the department that is	1604
available regarding the district or building for which the report	1605
card is issued. When available, such additional information shall	1606
include student mobility data disaggregated by race and	1607
socioeconomic status, college enrollment data, and the reports	1608
prepared under section 3302.031 of the Revised Code.	1609

The department shall maintain a site on the world wide web.	1610
The report card shall include the address of the site and shall	1611
specify that such additional information is available to the	1612
public at that site. The department shall also provide a copy of	1613
each item on the list to the superintendent of each school	1614
district. The district superintendent shall provide a copy of any	1615
item on the list to anyone who requests it.	1616

(I) Division (I) of this section does not apply to conversion	1617
community schools that primarily enroll students between sixteen	1618
and twenty-two years of age who dropped out of high school or are	1619
at risk of dropping out of high school due to poor attendance,	1620
disciplinary problems, or suspensions.	1621

(1) For any district that sponsors a conversion community	1622
school under Chapter 3314. of the Revised Code, the department	1623
shall combine data regarding the academic performance of students	1624
enrolled in the community school with comparable data from the	1625
schools of the district for the purpose of determining the	1626
performance of the district as a whole on the report card issued	1627
for the district under this section or section 3302.033 of the	1628
Revised Code.	1629

(2) Any district that leases a building to a community school	1630
located in the district or that enters into an agreement with a	1631
community school located in the district whereby the district and	1632
the school endorse each other's programs may elect to have data	1633
regarding the academic performance of students enrolled in the	1634
community school combined with comparable data from the schools of	1635
the district for the purpose of determining the performance of the	1636
district as a whole on the district report card. Any district that	1637
so elects shall annually file a copy of the lease or agreement	1638
with the department.	1639

(3) Any municipal school district, as defined in section	1640
3311.71 of the Revised Code, that sponsors a community school	1641
located within the district's territory, or that enters into an	1642
agreement with a community school located within the district's	1643
territory whereby the district and the community school endorse	1644
each other's programs, may exercise either or both of the	1645
following elections:	1646

(a) To have data regarding the academic performance of	1647
students enrolled in that community school combined with	1648
comparable data from the schools of the district for the purpose	1649
of determining the performance of the district as a whole on the	1650
district's report card;	1651

(b) To have the number of students attending that community	1652
school noted separately on the district's report card.	1653

The election authorized under division (I)(3)(a) of this	1654
section is subject to approval by the governing authority of the	1655
community school.	1656

Any municipal school district that exercises an election to	1657
combine or include data under division (I)(3) of this section, by	1658
the first day of October of each year, shall file with the	1659
department documentation indicating eligibility for that election,	1660
as required by the department.	1661

(J) The department shall include on each report card the	1662
percentage of teachers in the district or building who are highly	1663
qualified, as defined by the "No Child Left Behind Act of 2001,"	1664
and a comparison of that percentage with the percentages of such	1665
teachers in similar districts and buildings.	1666

(K)(1) In calculating English language arts, mathematics,	1667
social studies, or science assessment passage rates used to	1668
determine school district or building performance under this	1669
section, the department shall include all students taking an	1670
assessment with accommodation or to whom an alternate assessment	1671
is administered pursuant to division (C)(1) or (3) of section	1672
3301.0711 of the Revised Code.	1673

(2) In calculating performance index scores, rates of	1674
achievement on the performance indicators established by the state	1675
board under section 3302.02 of the Revised Code, and annual	1676
measurable objectives for determining adequate yearly progress for	1677
school districts and buildings under this section, the department	1678
shall do all of the following:	1679

(a) Include for each district or building only those students	1680
who are included in the ADM certified for the first full school	1681
week of October and are continuously enrolled in the district or	1682
building through the time of the spring administration of any	1683
assessment prescribed by division (A)(1) or (B)(1) of section	1684
3301.0710 of the Revised Code that is administered to the	1685
student's grade level;	1686

(b) Include cumulative totals from both the fall and spring	1687
administrations of the third grade English language arts	1688
achievement assessment;	1689

(c) Except as required by the "No Child Left Behind Act of	1690
2001," exclude for each district or building any limited English	1691
proficient student who has been enrolled in United States schools	1692
for less than one full school year.	1693

(L) Beginning with the 2015-2016 school year and at least	1694
once every three years thereafter, the state board of education	1695
shall review and may adjust the benchmarks for assigning letter	1696
grades to the performance measures and components prescribed under	1697
divisions (C)(3) and (D) of this section.	1698

Sec. 3302.10. (A) ~~Beginning July 1, 2007, the~~The	1699
superintendent of public instruction shall establish an academic	1700
distress commission for each school district that meets any one of	1701
the following conditions ~~for three or more consecutive years~~:	1702

(1) The district has been declared, for three or more	1703
consecutive years, to be in a state of academic emergency under	1704
section 3302.03 of the Revised Code, as that section existed prior	1705
to ~~the effective date of this amendment~~March 22, 2013, and has	1706
failed to make adequate yearly progress;	1707

(2) The district has received, for three or more consecutive	1708
years, a grade of "F" for the performance index score and a grade	1709
of "D" or "F" for the value-added progress dimension of section	1710
3302.03 of the Revised Code;	1711

(3) The district has received, for three or more consecutive	1712
years, an overall grade of "F" under division (C)(2) orof section	1713
3302.03 of the Revised Code;	1714

(4) The district has received, for three or more consecutive	1715
years, a grade of "F" for the value-added progress dimension	1716
under division (C)(1)(e) and has received, for the most recent	1717
year, a grade of "F" for the number of performance indicators met	1718
under division (C)(1)(c) of section 3302.03 of the Revised Code;	1719

~~(4)~~(5) At least fifty per cent of the schools operated by the	1720
district have received, for three or more consecutive years, an	1721
overall grade of "D" or "F" under division (C)(3) of section	1722
3302.03 of the Revised Code.	1723

Each commission shall assist the district for which it was	1724
established in improving the district's academic performance.	1725

Each commission is a body both corporate and politic,	1726
constituting an agency and instrumentality of the state and	1727
performing essential governmental functions of the state. A	1728
commission shall be known as the "academic distress commission for	1729
............... (name of school district)," and, in that name, may	1730
exercise all authority vested in such a commission by this	1731
section. A separate commission shall be established for each	1732
school district to which this division applies.	1733

(B) Each academic distress commission shall consist of five	1734
voting members, three of whom shall be appointed by the	1735
superintendent of public instruction and two of whom shall be	1736
residents of the applicable school district appointed by the	1737
president of the district board of education. When a school	1738
district becomes subject to this section, the superintendent of	1739
public instruction shall provide written notification of that fact	1740
to the district board of education and shall request the president	1741
of the district board to submit to the superintendent of public	1742
instruction, in writing, the names of the president's appointees	1743
to the commission. The superintendent of public instruction and	1744
the president of the district board shall make appointments to the	1745
commission within thirty days after the district is notified that	1746
it is subject to this section.	1747

Members of the commission shall serve at the pleasure of	1748
their appointing authority during the life of the commission. In	1749
the event of the death, resignation, incapacity, removal, or	1750
ineligibility to serve of a member, the appointing authority shall	1751
appoint a successor within fifteen days after the vacancy occurs.	1752
Members shall serve without compensation, but shall be paid by the	1753
commission their necessary and actual expenses incurred while	1754
engaged in the business of the commission.	1755

(C) Immediately after appointment of the initial members of	1756
an academic distress commission, the superintendent of public	1757
instruction shall call the first meeting of the commission and	1758
shall cause written notice of the time, date, and place of that	1759
meeting to be given to each member of the commission at least	1760
forty-eight hours in advance of the meeting. The first meeting	1761
shall include an overview of the commission's roles and	1762
responsibilities, the requirements of section 2921.42 and Chapter	1763
102. of the Revised Code as they pertain to commission members,	1764
the requirements of section 121.22 of the Revised Code, and the	1765
provisions of division (F) of this section. At its first meeting,	1766
the commission shall adopt temporary bylaws in accordance with	1767
division (D) of this section to govern its operations until the	1768
adoption of permanent bylaws.	1769

The superintendent of public instruction shall designate a	1770
chairperson for the commission from among the members appointed by	1771
the superintendent. The chairperson shall call and conduct	1772
meetings, set meeting agendas, and serve as a liaison between the	1773
commission and the district board of education. The chairperson	1774
also shall appoint a secretary, who shall not be a member of the	1775
commission.	1776

The department of education shall provide administrative	1777
support for the commission, provide data requested by the	1778
commission, and inform the commission of available state resources	1779
that could assist the commission in its work.	1780

(D) Each academic distress commission may adopt and alter	1781
bylaws and rules, which shall not be subject to section 111.15 or	1782
Chapter 119. of the Revised Code, for the conduct of its affairs	1783
and for the manner, subject to this section, in which its powers	1784
and functions shall be exercised and embodied.	1785

(E) Three members of an academic distress commission	1786
constitute a quorum of the commission. The affirmative vote of	1787
three members of the commission is necessary for any action taken	1788
by vote of the commission. No vacancy in the membership of the	1789
commission shall impair the rights of a quorum by such vote to	1790
exercise all the rights and perform all the duties of the	1791
commission. Members of the commission are not disqualified from	1792
voting by reason of the functions of any other office they hold	1793
and are not disqualified from exercising the functions of the	1794
other office with respect to the school district, its officers, or	1795
the commission.	1796

(F) The members of an academic distress commission, the	1797
superintendent of public instruction, and any person authorized to	1798
act on behalf of or assist them shall not be personally liable or	1799
subject to any suit, judgment, or claim for damages resulting from	1800
the exercise of or failure to exercise the powers, duties, and	1801
functions granted to them in regard to their functioning under	1802
this section, but the commission, superintendent of public	1803
instruction, and such other persons shall be subject to mandamus	1804
proceedings to compel performance of their duties under this	1805
section.	1806

(G) Each member of an academic distress commission shall file	1807
the statement described in section 102.02 of the Revised Code with	1808
the Ohio ethics commission. The statement shall be confidential,	1809
subject to review, as described in division (B) of that section.	1810

(H) Meetings of each academic distress commission shall be	1811
subject to section 121.22 of the Revised Code.	1812

(I)(1) Within one hundred twenty days after the first meeting	1813
of an academic distress commission, the commission shall adopt an	1814
academic recovery plan to improve academic performance in the	1815
school district. The plan shall address academic problems at both	1816
the district and school levels. The plan shall include the	1817
following:	1818

(a) Short-term and long-term actions to be taken to improve	1819
the district's academic performance, including any actions	1820
required by section 3302.04 or 3302.041 of the Revised Code;	1821

(b) The sequence and timing of the actions described in	1822
division (I)(1)(a) of this section and the persons responsible for	1823
implementing the actions;	1824

(c) Resources that will be applied toward improvement	1825
efforts;	1826

(d) Procedures for monitoring and evaluating improvement	1827
efforts;	1828

(e) Requirements for reporting to the commission and the	1829
district board of education on the status of improvement efforts.	1830

(2) The commission may amend the academic recovery plan	1831
subsequent to adoption. The commission shall update the plan at	1832
least annually.	1833

(3) The commission shall submit the academic recovery plan it	1834
adopts or updates to the superintendent of public instruction for	1835
approval immediately following its adoption or updating. The	1836
superintendent shall evaluate the plan and either approve or	1837
disapprove it within thirty days after its submission. If the plan	1838
is disapproved, the superintendent shall recommend modifications	1839
that will render it acceptable. No academic distress commission	1840
shall implement an academic recovery plan unless the	1841
superintendent has approved it.	1842

(4) County, state, and school district officers and employees	1843
shall assist the commission diligently and promptly in the	1844
implementation of the academic recovery plan.	1845

(J) Each academic distress commission shall seek input from	1846
the district board of education regarding ways to improve the	1847
district's academic performance, but any decision of the	1848
commission related to any authority granted to the commission	1849
under this section shall be final.	1850

The commission may do any of the following:

1851

(1) Appoint school building administrators and reassign	1852
administrative personnel;	1853

(2) Terminate the contracts of administrators or	1854
administrative personnel. The commission shall not be required to	1855
comply with section 3319.16 of the Revised Code with respect to	1856
any contract terminated under this division.	1857

(3) Contract with a private entity to perform school or	1858
district management functions;	1859

(4) Establish a budget for the district and approve district	1860
appropriations and expenditures, unless a financial planning and	1861
supervision commission has been established for the district	1862
pursuant to section 3316.05 of the Revised Code.	1863

(K) If the board of education of a district for which an	1864
academic distress commission has been established under this	1865
section renews any collective bargaining agreement under Chapter	1866
4117. of the Revised Code during the existence of the commission,	1867
the district board shall not enter into any agreement that would	1868
render any decision of the commission unenforceable. Section	1869
3302.08 of the Revised Code does not apply to this division.	1870

Notwithstanding any provision to the contrary in Chapter	1871
4117. of the Revised Code, if the board of education has entered	1872
into a collective bargaining agreement after September 29, 2005,	1873
that contains stipulations relinquishing one or more of the rights	1874
or responsibilities listed in division (C) of section 4117.08 of	1875
the Revised Code, those stipulations are not enforceable and the	1876
district board shall resume holding those rights or	1877
responsibilities as if it had not relinquished them in that	1878
agreement until such time as both the academic distress commission	1879
ceases to exist and the district board agrees to relinquish those	1880
rights or responsibilities in a new collective bargaining	1881
agreement. The provisions of this paragraph apply to a collective	1882
bargaining agreement entered into after September 29, 2005, and	1883
those provisions are deemed to be part of that agreement	1884
regardless of whether the district satisfied the conditions	1885
prescribed in division (A) of this section at the time the	1886
district entered into that agreement.	1887

(L) An academic distress commission shall cease to exist when	1888
the district for which it was established receives a performance	1889
rating of in need of continuous improvement or better, under	1890
section 3302.03 of the Revised Code as that section existed prior	1891
to ~~the effective date of this amendment~~March 22, 2013, or a grade	1892
of "C" or better for both the performance index score under	1893
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the value-added	1894
progress dimension under division (A)(1)(e), (B)(1)(e), or	1895
(C)(1)(e) of section 3302.03 of the Revised Code for two of the	1896
three prior school years; however, the superintendent of public	1897
instruction may dissolve the commission earlier if the	1898
superintendent determines that the district can perform adequately	1899
without the supervision of the commission. Upon termination of the	1900
commission, the department of education shall compile a final	1901
report of the commission's activities to assist other academic	1902
distress commissions in the conduct of their functions.	1903

Sec. 3310.03. ASubject to section 3310.05 of the Revised	1904
Code, a student is an "eligible student" for purposes of the	1905
educational choice scholarship pilot program if the ~~student's~~	1906
~~resident district is not a school district in which the pilot~~	1907
~~project scholarship program is operating under sections 3313.974~~	1908
~~to 3313.979 of the Revised Code and the~~ student satisfies one of	1909
the conditions in division (A), (B), (C), or (D) of this section:	1910

(A)(1) The student is enrolled in a school building operated	1911
by the student's resident district that, on the report card issued	1912
under section 3302.03 of the Revised Code published prior to the	1913
first day of July of the school year for which a scholarship is	1914
sought, did not receive a rating as described in division (H) of	1915
this section, and to which any or a combination of any of the	1916
following apply for two of the three most recent report cards	1917
published prior to the first day of July of the school year for	1918
which a scholarship is sought:	1919

(a) The building was declared to be in a state of academic	1920
emergency or academic watch under section 3302.03 of the Revised	1921
Code as that section existed prior to March 22, 2013.	1922

(b) The building received a grade of "D" or "F" for the	1923
performance index score under division (A)(1)(b) or (B)(1)(b) of	1924
section 3302.03 of the Revised Code and for the value-added	1925
progress dimension under division (A)(1)(e) or (B)(1)(e) of	1926
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	1927
school year, or both; or if the building serves only grades ten	1928
through twelve, the building received a grade of "D" or "F" for	1929
the performance index score under division (A)(1)(b) or (B)(1)(b)	1930
of section 3302.03 of the Revised Code and had a four-year	1931
adjusted cohort graduation rate of less than seventy-five per	1932
cent.	1933

(c) The building received an overall grade of "D" or "F"	1934
under division (C)(3) of section 3302.03 of the Revised Code or a	1935
grade of "F" for the value-added progress dimension under division	1936
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	1937
school year or any school year thereafter.	1938

(2) The student will be enrolling in any of grades	1939
kindergarten through twelve in this state for the first time in	1940
the school year for which a scholarship is sought, will be at	1941
least five years of age by the first day of January of the school	1942
year for which a scholarship is sought, and otherwise would be	1943
assigned under section 3319.01 of the Revised Code in the school	1944
year for which a scholarship is sought, to a school building	1945
described in division (A)(1) of this section.	1946

(3) The student is enrolled in a community school established	1947
under Chapter 3314. of the Revised Code but otherwise would be	1948
assigned under section 3319.01 of the Revised Code to a building	1949
described in division (A)(1) of this section.	1950

(4) The student is enrolled in a school building operated by	1951
the student's resident district or in a community school	1952
established under Chapter 3314. of the Revised Code and otherwise	1953
would be assigned under section 3319.01 of the Revised Code to a	1954
school building described in division (A)(1) of this section in	1955
the school year for which the scholarship is sought.	1956

(5) The student will be both enrolling in any of grades	1957
kindergarten through twelve in this state for the first time and	1958
at least five years of age by the first day of January of the	1959
school year for which a scholarship is sought, or is enrolled in a	1960
community school established under Chapter 3314. of the Revised	1961
Code, and all of the following apply to the student's resident	1962
district:	1963

(a) The district has in force an intradistrict open	1964
enrollment policy under which no student in the student's grade	1965
level is automatically assigned to a particular school building;	1966

(b) In the most recent rating published prior to the first	1967
day of July of the school year for which scholarship is sought,	1968
the district did not receive a rating described in division (H) of	1969
this section, and in at least two of the three most recent report	1970
cards published prior to the first day of July of that school	1971
year, any or a combination of the following apply to the district:	1972

(i) The district was declared to be in a state of academic	1973
emergency under section 3302.03 of the Revised Code as it existed	1974
prior to March 22, 2013.	1975

(ii) The district received a grade of "D" or "F" for the	1976
performance index score under division (A)(1)(b) or (B)(1)(b) of	1977
section 3302.03 of the Revised Code and for the value-added	1978
progress dimension under division (A)(1)(e) or (B)(1)(e) of	1979
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	1980
school year, or both.	1981

(c) The district received an overall grade of "D" or "F"	1982
under division (C)(3) of section 3302.03 of the Revised Code or a	1983
grade of "F" for the value-added progress dimension under division	1984
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	1985
school year or any school year thereafter.	1986

(6) Beginning in the 2016-2017 school year, the student is	1987
enrolled in or will be enrolling in a building in the school year	1988
for which the scholarship is sought that serves any of grades nine	1989
through twelve and that received a grade of "D" or "F" for the	1990
four-year adjusted cohort graduation rate under division	1991
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of section 3302.03 of the	1992
Revised Code in two of the three most recent report cards	1993
published prior to the first day of July of the school year for	1994
which a scholarship is sought.	1995

(B)(1) The student is enrolled in a school building operated	1996
by the student's resident district and to which both of the	1997
following apply:	1998

(a) The building was ranked, for at least two of the three	1999
most recent rankings published under section 3302.21 of the	2000
Revised Code prior to the first day of July of the school year for	2001
which a scholarship is sought, in the lowest ten per cent of all	2002
public school buildings according to performance index score under	2003
section 3302.21 of the Revised Code.	2004

(b) The building was not declared to be excellent or	2005
effective, or the equivalent of such ratings as determined by the	2006
department of education, under section 3302.03 of the Revised Code	2007
in the most recent rating published prior to the first day of July	2008
of the school year for which a scholarship is sought.	2009

(2) The student will be enrolling in any of grades	2010
kindergarten through twelve in this state for the first time in	2011
the school year for which a scholarship is sought, will be at	2012
least five years of age, as defined in section 3321.01 of the	2013
Revised Code, by the first day of January of the school year for	2014
which a scholarship is sought, and otherwise would be assigned	2015
under section 3319.01 of the Revised Code in the school year for	2016
which a scholarship is sought, to a school building described in	2017
division (B)(1) of this section.	2018

(3) The student is enrolled in a community school established	2019
under Chapter 3314. of the Revised Code but otherwise would be	2020
assigned under section 3319.01 of the Revised Code to a building	2021
described in division (B)(1) of this section.	2022

(4) The student is enrolled in a school building operated by	2023
the student's resident district or in a community school	2024
established under Chapter 3314. of the Revised Code and otherwise	2025
would be assigned under section 3319.01 of the Revised Code to a	2026
school building described in division (B)(1) of this section in	2027
the school year for which the scholarship is sought.	2028

(C) The student is enrolled in a nonpublic school at the time	2029
the school is granted a charter by the state board of education	2030
under section 3301.16 of the Revised Code and the student meets	2031
the standards of division (B) of section 3310.031 of the Revised	2032
Code.	2033

(D) For the 2016-2017 school year and each school year	2034
thereafter, the student is in any of grades kindergarten through	2035
three, is enrolled in a school building that is operated by the	2036
student's resident district or will be enrolling in any of grades	2037
kindergarten through twelve in this state for the first time in	2038
the school year for which a scholarship is sought, and to which	2039
both of the following apply:	2040

(1) The building, in at least two of the three most recent	2041
ratings of school buildings published prior to the first day of	2042
July of the school year for which a scholarship is sought,	2043
received a grade of "D" or "F" for making progress in improving	2044
literacy in grades kindergarten through three under division	2045
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	2046

(2) The building did not receive a grade of "A" for making	2047
progress in improving literacy in grades kindergarten through	2048
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	2049
the Revised Code in the most recent rating published prior to the	2050
first day of July of the school year for which a scholarship is	2051
sought.	2052

(E) A student who receives a scholarship under the	2053
educational choice scholarship pilot program remains an eligible	2054
student and may continue to receive scholarships in subsequent	2055
school years until the student completes grade twelve, so long as	2056
all of the following apply:	2057

(1) The student's resident district remains the same, or the	2058
student transfers to a new resident district and otherwise would	2059
be assigned in the new resident district to a school building	2060
described in division (A)(1), (B)(1), or (D) of this section;	2061

(2) The student takes each assessment prescribed for the	2062
student's grade level under section 3301.0710 or 3301.0712 of the	2063
Revised Code while enrolled in a chartered nonpublic school;	2064

(3) In each school year that the student is enrolled in a	2065
chartered nonpublic school, the student is absent from school for	2066
not more than twenty days that the school is open for instruction,	2067
not including excused absences.	2068

(F)(1) The department shall cease awarding first-time	2069
scholarships pursuant to divisions (A)(1) to (4) of this section	2070
with respect to a school building that, in the most recent ratings	2071
of school buildings published under section 3302.03 of the Revised	2072
Code prior to the first day of July of the school year, ceases to	2073
meet the criteria in division (A)(1) of this section. The	2074
department shall cease awarding first-time scholarships pursuant	2075
to division (A)(5) of this section with respect to a school	2076
district that, in the most recent ratings of school districts	2077
published under section 3302.03 of the Revised Code prior to the	2078
first day of July of the school year, ceases to meet the criteria	2079
in division (A)(5) of this section.	2080

(2) The department shall cease awarding first-time	2081
scholarships pursuant to divisions (B)(1) to (4) of this section	2082
with respect to a school building that, in the most recent ratings	2083
of school buildings under section 3302.03 of the Revised Code	2084
prior to the first day of July of the school year, ceases to meet	2085
the criteria in division (B)(1) of this section.	2086

(3) The department shall cease awarding first-time	2087
scholarships pursuant to division (D) of this section with respect	2088
to a school building that, in the most recent ratings of school	2089
buildings under section 3302.03 of the Revised Code prior to the	2090
first day of July of the school year, ceases to meet the criteria	2091
in division (D) of this section.	2092

(4) However, students who have received scholarships in the	2093
prior school year remain eligible students pursuant to division	2094
(E) of this section.	2095

(G) The state board of education shall adopt rules defining	2096
excused absences for purposes of division (E)(3) of this section.	2097

(H)(1) A student who satisfies only the conditions prescribed	2098
in divisions (A)(1) to (4) of this section shall not be eligible	2099
for a scholarship if the student's resident building meets any of	2100
the following in the most recent rating under section 3302.03 of	2101
the Revised Code published prior to the first day of July of the	2102
school year for which a scholarship is sought:	2103

(a) The building has an overall designation of excellent or	2104
effective under section 3302.03 of the Revised Code as it existed	2105
prior to March 22, 2013.	2106

(b) For the 2012-2013 or 2013-2014 school year or both, the	2107
building has a grade of "A" or "B" for the performance index score	2108
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	2109
Revised Code and for the value-added progress dimension under	2110
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	2111
Code; or if the building serves only grades ten through twelve,	2112
the building received a grade of "A" or "B" for the performance	2113
index score under division (A)(1)(b) or (B)(1)(b) of section	2114
3302.03 of the Revised Code and had a four-year adjusted cohort	2115
graduation rate of greater than or equal to seventy-five per cent.	2116

(c) For the 2014-2015 school year or any school year	2117
thereafter, the building has a grade of "A" or "B" under division	2118
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	2119
for the value-added progress dimension under division (C)(1)(e) of	2120
section 3302.03 of the Revised Code; or if the building serves	2121
only grades ten through twelve, the building received a grade of	2122
"A" or "B" for the performance index score under division	2123
(C)(1)(b) of section 3302.03 of the Revised Code and had a	2124
four-year adjusted cohort graduation rate of greater than or equal	2125
to seventy-five per cent.	2126

(2) A student who satisfies only the conditions prescribed in	2127
division (A)(5) of this section shall not be eligible for a	2128
scholarship if the student's resident district meets any of the	2129
following in the most recent rating under section 3302.03 of the	2130
Revised Code published prior to the first day of July of the	2131
school year for which a scholarship is sought:	2132

(a) The district has an overall designation of excellent or	2133
effective under section 3302.03 of the Revised Code as it existed	2134
prior to March 22, 2013.	2135

(b) The district has a grade of "A" or "B" for the	2136
performance index score under division (A)(1)(b) or (B)(1)(b) of	2137
section 3302.03 of the Revised Code and for the value-added	2138
progress dimension under division (A)(1)(e) or (B)(1)(e) of	2139
section 3302.03 of the Revised Code for the 2012-2013 and	2140
2013-2014 school years.	2141

(c) The district has an overall grade of "A" or "B" under	2142
division (C)(3) of section 3302.03 of the Revised Code and a grade	2143
of "A" for the value-added progress dimension under division	2144
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	2145
school year or any school year thereafter.	2146

Sec. 3310.031. (A) The state board of education shall adopt	2147
rules under section 3310.17 of the Revised Code establishing	2148
procedures for granting educational choice scholarships to	2149
eligible students attending a nonpublic school at the time the	2150
state board grants the school a charter under section 3301.16 of	2151
the Revised Code. The procedures shall include at least the	2152
following:	2153

(1) Provisions for extending the application period for	2154
scholarships for the following school year, if necessary due to	2155
the timing of the award of the nonpublic school's charter, in	2156
order for students enrolled in the school at the time the charter	2157
is granted to apply for scholarships for the following school	2158
year;	2159

(2) Provisions for notifying the resident districts of the	2160
nonpublic school's students that the nonpublic school has been	2161
granted a charter and that educational choice scholarships may be	2162
awarded to the school's students for the following school year.	2163

(B) A student who is enrolled in a nonpublic school at the	2164
time the school's charter is granted is an eligible student if any	2165
of the following applies:	2166

(1) At the end of the last school year before the student	2167
enrolled in the nonpublic school, the student was enrolled in a	2168
school building operated by the student's resident district or in	2169
a community school established under Chapter 3314. of the Revised	2170
Code and, for the current or following school year, the student	2171
otherwise would be assigned under section 3319.01 of the Revised	2172
Code to a school building described in division (A)(1) or (B)(1)	2173
of section 3310.03 of the Revised Code.	2174

(2) At the end of the last school year before the student	2175
enrolled in the nonpublic school, the student was enrolled in a	2176
school building operated by the student's resident district and,	2177
for the current or following school year, the student otherwise	2178
would be assigned under section 3319.01 of the Revised Code to a	2179
school building described in division (A)(6) of section 3310.03 of	2180
the Revised Code.	2181

(3) The student was not enrolled in any public or other	2182
nonpublic school before the student enrolled in the nonpublic	2183
school and, for the current or following school year, otherwise	2184
would be assigned under section 3319.01 of the Revised Code to a	2185
school building described in division (A)(1) or (6) or (B)(1) of	2186
section 3310.03 of the Revised Code.	2187

~~(3)~~(4) At the end of the last school year before the student	2188
enrolled in the nonpublic school, the student was enrolled in a	2189
school building operated by the student's resident district and,	2190
during that school year, the building met the conditions described	2191
in division (A)(1) or (6) or (B)(1) of section 3310.03 of the	2192
Revised Code.	2193

~~(4)~~(5) At the end of the last school year before the student	2194
enrolled in the nonpublic school, the student was enrolled in a	2195
community school established under Chapter 3314. of the Revised	2196
Code but otherwise would have been assigned under section 3319.01	2197
of the Revised Code to a school building that, during that school	2198
year, met the conditions described in division (A)(1) or (B)(1) of	2199
section 3310.03 of the Revised Code.	2200

Sec. 3310.032. (A) ASubject to section 3310.05 of the	2201
Revised Code, a student is an "eligible student" for purposes of	2202
the expansion of the educational choice scholarship pilot program	2203
under this section if the ~~student's resident district is not a~~	2204
~~school district in which the pilot project scholarship program is~~	2205
~~operating under sections 3313.974 to 3313.979 of the Revised Code,~~	2206
~~the~~ student is not eligible for an educational choice scholarship	2207
under section 3310.03 of the Revised Code, and the student's	2208
family income is at or below two hundred per cent of the federal	2209
poverty guidelines, as defined in section 5101.46 of the Revised	2210
Code.	2211

(B) In each fiscal year for which the general assembly	2212
appropriates funds for purposes of this section, the department of	2213
education shall pay scholarships to attend chartered nonpublic	2214
schools in accordance with section 3310.08 of the Revised Code.	2215
The number of scholarships awarded under this section shall not	2216
exceed the number that can be funded with appropriations made by	2217
the general assembly for this purpose.	2218

(C) Scholarships under this section shall be awarded as	2219
follows:	2220

(1) For the 2013-2014 school year, to eligible students who	2221
are entering kindergarten in that school year for the first time;	2222

(2) For each subsequent school year, scholarships shall be	2223
awarded to eligible students in the next grade level above the	2224
highest grade level awarded in the preceding school year, in	2225
addition to the grade levels for which students received	2226
scholarships in the preceding school year.	2227

(D) If the number of eligible students who apply for a	2228
scholarship under this section exceeds the scholarships available	2229
based on the appropriation for this section, the department shall	2230
award scholarships in the following order of priority:	2231

(1) First, to eligible students who received scholarships	2232
under this section in the prior school year;	2233

(2) Second, to eligible students with family incomes at or	2234
below one hundred per cent of the federal poverty guidelines. If	2235
the number of students described in division (D)(2) of this	2236
section who apply for a scholarship exceeds the number of	2237
available scholarships after awards are made under division (D)(1)	2238
of this section, the department shall select students described in	2239
division (D)(2) of this section by lot to receive any remaining	2240
scholarships.	2241

(3) Third, to other eligible students who qualify under this	2242
section. If the number of students described in division (D)(3) of	2243
this section exceeds the number of available scholarships after	2244
awards are made under divisions (D)(1) and (2) of this section,	2245
the department shall select students described in division (D)(3)	2246
of this section by lot to receive any remaining scholarships.	2247

(E) Subject to divisions (E)(1) to (3) of this section, a	2248
student who receives a scholarship under this section remains an	2249
eligible student and may continue to receive scholarships under	2250
this section in subsequent school years until the student	2251
completes grade twelve, so long as the student satisfies the	2252
conditions specified in divisions (E)(2) and (3) of section	2253
3310.03 of the Revised Code.	2254

Once a scholarship is awarded under this section, the student	2255
shall remain eligible for that scholarship for the current school	2256
year and subsequent school years even if the student's family	2257
income rises above the amount specified in division (A) of this	2258
section, provided the student remains enrolled in a chartered	2259
nonpublic school, however:	2260

(1) If the student's family income is above two hundred per	2261
cent but at or below three hundred per cent of the federal poverty	2262
guidelines, the student shall receive a scholarship in the amount	2263
of seventy-five per cent of the full scholarship amount.	2264

(2) If the student's family income is above three hundred per	2265
cent but at or below four hundred per cent of the federal poverty	2266
guidelines, the student shall receive a scholarship in the amount	2267
of fifty per cent of the full scholarship amount.	2268

(3) If the student's family income is above four hundred per	2269
cent of the federal poverty guidelines, the student is no longer	2270
eligible to receive an educational choice scholarship.	2271

Sec. 3310.05. A student entitled to attend school in a school	2272
district in which the pilot project scholarship program is	2273
operating under sections 3313.974 to 3313.979 of the Revised Code	2274
may be eligible for the educational choice scholarship pilot	2275
program established under sections 3310.01 to 3310.17 of the	2276
Revised Code only if the number of applicants for the pilot	2277
project scholarship program exceeds the number of available	2278
scholarships under that program.	2279

Sec. 3311.24. (A)(1) Except as provided in division (B) of	2280
this section, the board of education of a city, exempted village,	2281
or local school district shall file with the state board of	2282
education a proposal to transfer territory from such district to	2283
an adjoining city, exempted village, or local school district in	2284
any of the following circumstances:	2285

(a) The district board deems the transfer advisable and, if	2286
the portion of the district proposed to be transferred is five	2287
acres or more, the board has obtained written consent to the	2288
transfer from seventy-five per cent of the owners of parcels of	2289
real property on the tax duplicate within that portion of the	2290
district;	2291

(b) A petition, signed by seventy-five per cent of the	2292
qualified electors residing within that portion of a city,	2293
exempted village, or local school district proposed to be	2294
transferred voting at the last general election, requests such a	2295
transfer;	2296

(c) If no qualified electors reside in that portion of the	2297
district proposed to be transferred, a petition, signed by	2298
seventy-five per cent of the owners of parcels of real property on	2299
the tax duplicate within that portion of the district, requests	2300
such a transfer.	2301

(2) The board of education of the district in which such	2302
proposal originates shall file such proposal, together with a map	2303
showing the boundaries of the territory proposed to be	2304
transferred, with the state board of education prior to the first	2305
day of April in any even-numbered year. The state board of	2306
education may, if it is advisable, provide for a hearing in any	2307
suitable place in any of the school districts affected by such	2308
proposed transfer of territory. The state board of education or	2309
its representatives shall preside at any such hearing.	2310

(3) A board of education of a city, exempted village, or	2311
local school district that receives a petition of transfer signed	2312
by electors of the district under division (A)(1)(b) of this	2313
section shall cause the board of elections to check the	2314
sufficiency of signatures on the petition. A board of education of	2315
a city, exempted village, or local school district that receives	2316
written consent or a petition of transfer signed by owners of	2317
parcels of real property under division (A)(1)(a) or (c) of this	2318
section shall cause the county auditor to check the sufficiency of	2319
signatures on the consent or petition.	2320

(4) Not later than the first day of September the state board	2321
of education shall either approve or disapprove a proposed	2322
transfer of territory filed with it as provided by this section	2323
and shall notify, in writing, the boards of education of the	2324
districts affected by such proposed transfer of territory of its	2325
decision.	2326

If the decision of the state board of education is an	2327
approval of the proposed transfer of territory then the board of	2328
education of the district in which the territory is located shall,	2329
within thirty days after receiving the state board of education's	2330
decision, adopt a resolution transferring the territory and shall	2331
forthwith submit a copy of such resolution to the treasurer of the	2332
board of education of the city, exempted village, or local school	2333
district to which the territory is transferred. Such transfer	2334
shall not be complete however, until:	2335

(a) A resolution accepting the transfer has been passed by a	2336
majority vote of the full membership of the board of education of	2337
the city, exempted village, or local school district to which the	2338
territory is transferred;	2339

(b) AnSubject to section 3311.241 of the Revised Code, if	2340
applicable, an equitable division of the funds and indebtedness	2341
between the districts involved has been made by the board of	2342
education making the transfer;	2343

(c) A map showing the boundaries of the territory transferred	2344
has been filed, by the board of education accepting the transfer,	2345
with the county auditor of each county affected by the transfer.	2346

When such transfer is complete the legal title of the school	2347
property in the territory transferred shall be vested in the board	2348
of education or governing board of the school district to which	2349
the territory is transferred.	2350

(B) Whenever the transfer of territory pursuant to this	2351
section is initiated by a board of education, the board shall,	2352
before filing a proposal for transfer with the state board of	2353
education under this section, make a good faith effort to	2354
negotiate the terms of transfer with any other school district	2355
whose territory would be affected by the transfer. Before the	2356
state board may hold a hearing on the transfer, or approve or	2357
disapprove any such transfer, it must receive the following:	2358

(1) A resolution requesting approval of the transfer passed	2359
by the school district submitting the proposal and, if applicable,	2360
evidence of the consent of affected property owners to the	2361
transfer;	2362

(2) Evidence determined to be sufficient by the state board	2363
to show that good faith negotiations have taken place or that the	2364
district requesting the transfer has made a good faith effort to	2365
hold such negotiations;	2366

(3) If any negotiations took place, a statement signed by all	2367
boards that participated in the negotiations, listing the terms	2368
agreed on and the points on which no agreement could be reached.	2369

Negotiations held pursuant to this section shall be governed	2370
by the rules adopted by the state board under division (D) of	2371
section 3311.06 of the Revised Code. Districts involved in a	2372
transfer under division (B) of this section may agree to share	2373
revenues from the property included in the territory to be	2374
transferred, establish cooperative programs between the	2375
participating districts, and establish mechanisms for the	2376
settlement of any future boundary disputes.	2377

Sec. 3311.241. (A) In the case of a voluntary transfer of	2378
the territory of a school district in accordance with section	2379
3311.38 or division (A)(1)(a) of section 3311.24 of the Revised	2380
Code, and where the transfer results in the complete consolidation	2381
and dissolution of the transferring district, the net indebtedness	2382
owed to the solvency assistance fund created under section 3316.20	2383
of the Revised Code by the transferring district shall be	2384
canceled, provided that all of the following conditions are	2385
satisfied:	2386

(1) The amount owed by the transferring district to the	2387
solvency assistance fund is greater than or equal to thirty-three	2388
per cent of the transferring school district's operating budget	2389
for the current fiscal year, but does not exceed ten million	2390
dollars.	2391

(2) The transferring district has remained in a state of	2392
fiscal emergency pursuant to section 3316.03 of the Revised Code	2393
during the previous two fiscal years.	2394

(3) The acquiring district is in the same county or in a	2395
county contiguous to the county in which the transferring district	2396
is located.	2397

(4) The acquiring district has voluntarily accepted the	2398
transfer.	2399

(5) The acquiring district has submitted to the state board	2400
of education a five-year written projection of solvency which	2401
takes into account the fiscal effects of acquiring the	2402
transferring district.	2403

(B) If the conditions in division (A) of this section are	2404
satisfied, the acquiring district shall acquire the transferring	2405
district's territory free and clear of any amount owed by the	2406
transferring district to the solvency assistance fund. However,	2407
the acquiring district shall assume the obligations of all other	2408
liens, encumbrances, and debts of the transferring district.	2409

(C) Upon the making of a transfer pursuant to this section,	2410
the board of education of the transferring district is thereby	2411
abolished, and the district is thereby dissolved.	2412

(D) The director of budget and management may transfer any	2413
available moneys from the general revenue fund, appropriated for	2414
operating payments to schools, into the solvency assistance fund	2415
to replace the amount owed by a transferring school district	2416
forgone under division (A) of this section.	2417

Sec. 3311.38. The state board of education may conduct, or	2418
may direct the superintendent of public instruction to conduct,	2419
studies where there is evidence of need for transfer of local,	2420
exempted village, or city school districts, or parts of any such	2421
districts, to contiguous or noncontiguous local, exempted village,	2422
or city school districts. Such studies shall include a study of	2423
the effect of any proposal upon any portion of a school district	2424
remaining after such proposed transfer. The state board, in	2425
conducting such studies and in making recommendations as a result	2426
thereof, shall consider the possibility of improving school	2427
district organization as well as the desires of the residents of	2428
the school districts which would be affected.	2429

(A) After the adoption of recommendations growing out of any	2430
such study, or upon receipt of a resolution adopted by majority	2431
vote of the full membership of the board of any city, local, or	2432
exempted village school district requesting that the entire	2433
district be transferred to another city, local, or exempted	2434
village school district, the state board may propose by resolution	2435
the transfer of territory, which may consist of part or all of the	2436
territory of a local, exempted village, or city school district to	2437
a contiguous local, exempted village, or city school district.	2438

The state board shall thereupon file a copy of such proposal	2439
with the board of education of each school district whose	2440
boundaries would be altered by the proposal and with the governing	2441
board of any educational service center in which such school	2442
district is located.	2443

The state board may, not less than thirty days following the	2444
adoption of the resolution proposing the transfer of territory,	2445
certify the proposal to the board of elections of the county or	2446
counties in which any of the territory of the proposed district is	2447
located, for the purpose of having the proposal placed on the	2448
ballot at the next general election or at a primary election	2449
occurring not less than ninety days after the adoption of such	2450
resolution.	2451

If any proposal has been previously initiated pursuant to	2452
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	2453
affects any of the territory affected by the proposal of the state	2454
board, the proposal of the state board shall not be placed on the	2455
ballot while the previously initiated proposal is subject to an	2456
election.	2457

Upon certification of a proposal to the board of elections of	2458
any county pursuant to this section, the board of elections of	2459
such county shall make the necessary arrangements for the	2460
submission of such question to the electors of the county	2461
qualified to vote thereon, and the election shall be counted and	2462
canvassed and the results shall be certified in the same manner as	2463
in regular elections for the election of members of a board of	2464
education.	2465

The electors qualified to vote upon a proposal are the	2466
electors residing in the local, exempted village, or city school	2467
districts, containing territory proposed to be transferred.	2468

If the proposed transfer be approved by a majority of the	2469
electors voting on the proposal, the state board, subject to the	2470
approval of the board of education of the district to which the	2471
territory would be transferred, shall make such transfer prior to	2472
the next succeeding July 1.	2473

(B) If a study conducted in accordance with this section	2474
involves a school district with less than four thousand dollars of	2475
assessed value for each pupil in the total student count	2476
determined under section 3317.03 of the Revised Code, the state	2477
board of education, with the approval of the educational service	2478
center governing board, and upon recommendation by the state	2479
superintendent of public instruction, may by resolution transfer	2480
all or any part of such a school district to any city, exempted	2481
village, or local school district which has more than twenty-five	2482
thousand pupils in average daily membership. Such resolution of	2483
transfer shall be adopted only after the board of education of the	2484
receiving school district has adopted a resolution approving the	2485
proposed transfer. For the purposes of this division, the assessed	2486
value shall be as certified in accordance with section 3317.021 of	2487
the Revised Code.	2488

(C) ~~Upon~~Subject to section 3311.241 of the Revised Code, if	2489
applicable, upon the making of a transfer of an entire school	2490
district pursuant to this section, the indebtedness of the	2491
district transferred shall be assumed in full by the acquiring	2492
district and the funds of the district transferred shall be paid	2493
over in full to the acquiring district.	2494

(D) Upon the making of a transfer pursuant to this section,	2495
when only part of a district is transferred, the net indebtedness	2496
of each original district of which only a part is taken by the	2497
acquiring district shall be apportioned between the acquiring	2498
district and the original district in the ratio which the assessed	2499
valuation of the part taken by the acquiring district bears to the	2500
assessed valuation of the original district as of the effective	2501
date of the transfer. As used in this section "net indebtedness"	2502
means the difference between the par value of the outstanding and	2503
unpaid bonds and notes of the school district and the amount held	2504
in the sinking fund and other indebtedness retirement funds for	2505
their redemption.	2506

(E) Upon the making of a transfer pursuant to this section,	2507
when only part of a district is transferred, the funds of the	2508
district from which territory was transferred shall be divided	2509
equitably by the state board between the acquiring district and	2510
that part of the former district remaining after the transfer.	2511

(F) If an entire school district is transferred, the board of	2512
education of such district is thereby abolished. If part of a	2513
school district is transferred, any member of the board of	2514
education who is a legal resident of that part which is	2515
transferred shall thereby cease to be a member of that board.	2516

If an entire school district is transferred, foundation	2517
program moneys accruing to a district accepting school territory	2518
under the provisions of this section shall not be less, in any	2519
year during the next succeeding three years following the	2520
transfer, than the sum of the amounts received by the districts	2521
separately in the year in which the transfer became effective.	2522

Sec. 3311.86. (A) As used in this section:

2523

(1) "Alliance" means a municipal school district	2524
transformation alliance established as a nonprofit corporation.	2525

(2) "Alliance municipal school district" means a municipal	2526
school district for which an alliance has been created under this	2527
section.	2528

(3) "Partnering community school" means a community school	2529
established under Chapter 3314. of the Revised Code that is	2530
located within the territory of a municipal school district and	2531
that either is sponsored by the district or is a party to an	2532
agreement with the district whereby the district and the community	2533
school endorse each other's programs.	2534

(4) "Transformation alliance education plan" means a plan	2535
prepared by the mayor, and confirmed by the alliance, to transform	2536
public education in the alliance municipal school district to a	2537
system of municipal school district schools and partnering	2538
community schools that will be held to the highest standards of	2539
school performance and student achievement.	2540

(B) If one or more partnering community schools are located	2541
in a municipal school district, the mayor may initiate proceedings	2542
to establish a municipal school district transformation alliance	2543
as a nonprofit corporation under Chapter 1702. of the Revised	2544
Code. The mayor shall have sole authority to appoint the directors	2545
of any alliance created under this section. The directors of the	2546
alliance shall include representatives of all of the following:	2547

(1) The municipal school district;

2548

(2) Partnering community schools;

2549

(3) Members of the community at large, including parents and	2550
educators;	2551

(4) The business community, including business leaders and	2552
foundation leaders.	2553

No one group listed in divisions (B)(1) to (4) of this	2554
section shall comprise a majority of the directors. The mayor	2555
shall be an ex officio director, and serve as the chairperson of	2556
the board of directors, of any alliance created under this	2557
section. If the proceedings are initiated, the mayor shall	2558
identify the directors in the articles of incorporation filed	2559
under section 1702.04 of the Revised Code.	2560

(C)(1) A majority of the members of the board of directors of	2561
the alliance shall constitute a quorum of the board. Any formal	2562
action taken by the board of directors shall take place at a	2563
meeting of the board and shall require the concurrence of a	2564
majority of the members of the board. Meetings of the board of	2565
directors shall be public meetings open to the public at all	2566
times, except that the board and its committees and subcommittees	2567
may hold an executive session, as if it were a public body with	2568
public employees, for any of the purposes for which an executive	2569
session of a public body is permitted under division (G) of	2570
section 121.22 of the Revised Code, notwithstanding that the	2571
alliance is not a public body as defined in that section, and its	2572
employees are not public employees as provided in division (F) of	2573
this section. The board of directors shall establish reasonable	2574
methods whereby any person may determine the time and place of all	2575
of the board's public meetings and by which any person, upon	2576
request, may obtain reasonable advance notification of the board's	2577
public meetings. Provisions for that advance notification may	2578
include, but are not limited to, mailing notices to all	2579
subscribers on a mailing list or mailing notices in	2580
self-addressed, stamped envelopes provided by the person.	2581

(2) All records of the alliance shall be organized and	2582
maintained by the alliance and also filed with the department of	2583
education. The alliance and the department shall make those	2584
records available to the public as though those records were	2585
public records for purposes of Chapter 149. of the Revised Code.	2586
The department shall promptly notify the alliance upon the	2587
department's receipt of any requests for records relating to the	2588
alliance pursuant to section 149.43 of the Revised Code.	2589

(3) The board of directors of the alliance shall establish a	2590
conflicts of interest policy and shall adopt that policy, and any	2591
amendments to the policy, at a meeting of the board held in	2592
accordance with this section.	2593

(D) If an alliance is created under this section, the	2594
alliance shall do all of the following:	2595

(1) Report annually on the performance of all municipal	2596
school district schools and all community schools established	2597
under Chapter 3314. of the Revised Code and located in the	2598
district, using the criteria adopted under division (B) of section	2599
3311.87 of the Revised Code;	2600

(2) Confirm and monitor implementation of the transformation	2601
alliance education plan;	2602

(3) Suggest national education models for and provide input	2603
in the development of new municipal school district schools and	2604
partnering community schools.	2605

(E) ~~Divisions (E)(1) to (3) of this section apply to each~~	2606
~~community school sponsor that is subject to approval by the~~	2607
~~department of education under section 3314.015 of the Revised Code~~	2608
~~whose approval under that section is granted or renewed on or~~	2609
~~after October 1, 2012. Divisions (E)(1) to (3) of this section do~~	2610
~~not apply to a sponsor that has been approved by the department~~	2611
~~prior to that date, until the sponsor's approval is renewed or~~	2612
~~granted anew on or after that date.~~	2613

~~(1) Before a sponsor to which this section applies may~~	2614
~~sponsor new community schools in an alliance municipal school~~	2615
~~district, the sponsor shall request recommendation from the~~	2616
~~alliance to sponsor community schools in the district.~~	2617

~~(2) The alliance shall review the sponsor's application and~~	2618
~~shall make a recommendation based on the standards for sponsors~~	2619
~~developed under division (A)(2) of section 3311.87 of the Revised~~	2620
~~Code.~~	2621

~~(3) The department shall use the standards developed under~~	2622
~~division (A)(2) of section 3311.87 of the Revised Code, in~~	2623
~~addition to any other requirements of the Revised Code, to review~~	2624
~~a sponsor's request and make a final determination, on~~	2625
~~recommendation of the alliance, of whether the sponsor may sponsor~~	2626
~~new community schools in the alliance municipal school district~~	2627
The alliance may recommend to the department of education the	2628
capacity and ability of the following entities to sponsor	2629
community schools in the alliance school district as follows:	2630

(1) An entity that initially applies to sponsor community	2631
schools in an alliance municipal school district. The department	2632
shall notify the alliance within ten days after receiving any such	2633
initial application.	2634

(2) An entity already approved by the department to sponsor	2635
community schools outside of the alliance municipal school	2636
district. The entity may not sponsor a school in the alliance	2637
school district until it receives approval from the department.	2638
The entity shall request approval from the department not less	2639
than twelve months prior to entering into a contract under section	2640
3314.03 of the Revised Code. The department shall notify the	2641
alliance within ten days after receiving any such application.	2642

(3) An entity that sponsors community schools in the alliance	2643
municipal school district on the effective date of this section.	2644
If an alliance so chooses to evaluate such entities for	2645
recommendation, the department shall establish a schedule by which	2646
the alliance recommends the capacity and ability of such sponsors.	2647
The schedule shall prescribe that all recommendations be completed	2648
not later than December 31, 2017.	2649

Division (E) of this section does not apply to any entity	2650
that sponsors community schools and that is exempted under section	2651
3314.021 or 3314.027 of the Revised Code from the requirement to	2652
be approved for sponsorship under divisions (A)(2) and (B)(1) of	2653
section 3314.015 of the Revised Code.	2654

No sponsor shall be required to receive authorization to	2655
sponsor new community schools under division (E)~~(3)~~ of this	2656
section more than one time.	2657

(F) Directors, officers, and employees of an alliance are not	2658
public employees or public officials, are not subject to Chapters	2659
124., 145., and 4117. of the Revised Code, and are not "public	2660
officials" or "public servants" as defined in section 2921.01 of	2661
the Revised Code. Membership on the board of directors of an	2662
alliance does not constitute the holding of an incompatible public	2663
office or employment in violation of any statutory or common law	2664
prohibition against the simultaneous holding of more than one	2665
public office or employment. Members of the board of directors of	2666
an alliance are not disqualified from holding any public office by	2667
reason of that membership, and do not forfeit by reason of that	2668
membership the public office or employment held when appointed to	2669
the board, notwithstanding any contrary disqualification or	2670
forfeiture requirement under the Revised Code or the common law of	2671
this state.	2672

(G) The authority to establish an alliance under this section	2673
expires on January 1, 2018. Any alliance established under this	2674
section is terminated, and any related authority granted to the	2675
alliance under this section expires on that date.	2676

Sec. 3313.372. (A) As used in this section, "energy	2677
conservation measure" means an installation or modification of an	2678
installation in, or remodeling of, a building, to reduce energy	2679
consumption. It includes:	2680

(1) Insulation of the building structure and systems within	2681
the building;	2682

(2) Storm windows and doors, multiglazed windows and doors,	2683
heat absorbing or heat reflective glazed and coated window and	2684
door systems, additional glazing, reductions in glass area, and	2685
other window and door system modifications that reduce energy	2686
consumption;	2687

(3) Automatic energy control systems;

2688

(4) Heating, ventilating, or air conditioning system	2689
modifications or replacements;	2690

(5) Caulking and weatherstripping;

2691

(6) Replacement or modification of lighting fixtures to	2692
increase the energy efficiency of the system without increasing	2693
the overall illumination of a facility, unless such increase in	2694
illumination is necessary to conform to the applicable state or	2695
local building code for the proposed lighting system;	2696

(7) Energy recovery systems;

2697

(8) Cogeneration systems that produce steam or forms of	2698
energy such as heat, as well as electricity, for use primarily	2699
within a building or complex of buildings;	2700

(9) Any other modification, installation, or remodeling	2701
approved by the Ohio school facilities commission as an energy	2702
conservation measure.	2703

(B) A board of education of a city, exempted village, local,	2704
or joint vocational school district may enter into an installment	2705
payment contract for the purchase and installation of energy	2706
conservation measures. The provisions of such installment payment	2707
contracts dealing with interest charges and financing terms shall	2708
not be subject to the competitive bidding requirements of section	2709
3313.46 of the Revised Code, and shall be on the following terms:	2710

(1) Not less than one-fifteenth of the costs thereof shall be	2711
paid within two years from the date of purchase.	2712

(2) The remaining balance of the costs thereof shall be paid	2713
within fifteen years from the date of purchase.	2714

The provisions of any installment payment contract entered	2715
into pursuant to this section shall provide that all payments,	2716
except payments for repairs and obligations on termination of the	2717
contract prior to its expiration, ~~be stated as a percentage of~~	2718
shall not exceed the calculated energy, water, or waste water cost	2719
savings, avoided operating costs, and avoided capital costs	2720
attributable to the one or more measures over a defined period of	2721
time. Those payments shall be made only to the extent that the	2722
savings described in this division actually occur. The contractor	2723
shall warrant and guarantee that the energy conservation measures	2724
shall realize guaranteed savings and shall be responsible to pay	2725
an amount equal to any savings shortfall.	2726

An installment payment contract entered into by a board of	2727
education under this section shall require the board to contract	2728
in accordance with division (A) of section 3313.46 of the Revised	2729
Code for the installation, modification, or remodeling of energy	2730
conservation measures unless division (A) of section 3313.46 of	2731
the Revised Code does not apply pursuant to division (B)(3) of	2732
that section, in which case the contract shall be awarded through	2733
a competitive selection process pursuant to rules adopted by the	2734
school facilities commission.	2735

An installment payment contract entered into by a board of	2736
education under this section may include services for measurement	2737
and verification of energy savings associated with the guarantee.	2738
The annual cost of measurement and verification services shall not	2739
exceed ten per cent of the guaranteed savings in any year of the	2740
installment payment contract.	2741

(C) The board may issue the notes of the school district	2742
signed by the president and the treasurer of the board and	2743
specifying the terms of the purchase and securing the deferred	2744
payments provided in this section, payable at the times provided	2745
and bearing interest at a rate not exceeding the rate determined	2746
as provided in section 9.95 of the Revised Code. The notes may	2747
contain an option for prepayment and shall not be subject to	2748
Chapter 133. of the Revised Code. In the resolution authorizing	2749
the notes, the board may provide, without the vote of the electors	2750
of the district, for annually levying and collecting taxes in	2751
amounts sufficient to pay the interest on and retire the notes,	2752
except that the total net indebtedness of the district without a	2753
vote of the electors incurred under this and all other sections of	2754
the Revised Code, except section 3318.052 of the Revised Code,	2755
shall not exceed one per cent of the district's tax valuation.	2756
Revenues derived from local taxes or otherwise, for the purpose of	2757
conserving energy or for defraying the current operating expenses	2758
of the district, may be applied to the payment of interest and the	2759
retirement of such notes. The notes may be sold at private sale or	2760
given to the contractor under the installment payment contract	2761
authorized by division (B) of this section.	2762

(D) Debt incurred under this section shall not be included in	2763
the calculation of the net indebtedness of a school district under	2764
section 133.06 of the Revised Code.	2765

(E) No school district board shall enter into an installment	2766
payment contract under division (B) of this section unless it	2767
first obtains a report of the costs of the energy conservation	2768
measures and the savings thereof as described under division (G)	2769
of section 133.06 of the Revised Code as a requirement for issuing	2770
energy securities, makes a finding that the amount spent on such	2771
measures is not likely to exceed the amount of money it would save	2772
in energy costs and resultant operational and maintenance costs as	2773
described in that division, except that that finding shall cover	2774
the ensuing fifteen years, and the ~~Ohio~~ school facilities	2775
commission determines that the district board's findings are	2776
reasonable and approves the contract as described in that	2777
division.	2778

The district board shall monitor the savings and maintain a	2779
report of those savings, which shall be submitted to the	2780
commission in the same manner as required by division (G) of	2781
section 133.06 of the Revised Code in the case of energy	2782
securities.	2783

Sec. 3313.537. (A) As used in this section, "extracurricular	2784
activity" means a pupil activity program that a school or school	2785
district operates and is not included in the school district's	2786
graded course of study, including an interscholastic	2787
extracurricular activity that a school or school district sponsors	2788
or participates in and that has participants from more than one	2789
school or school district.	2790

(B)(1) A student ~~in grades seven to twelve~~ who is enrolled in	2791
a community school established under Chapter 3314. of the Revised	2792
Code ~~that is sponsored by the city, local, or exempted village~~	2793
~~school district in which the student is entitled to attend school~~	2794
~~pursuant to section 3313.64 or 3313.65 of the Revised Code shall~~	2795
~~be afforded the opportunity to participate in any extracurricular~~	2796
~~activities offered at the traditional public school that is~~	2797
~~operated by the school district and to which the student otherwise~~	2798
~~would be assigned. If more than one such school operated by the~~	2799
~~school district serves the student's grade level, the student~~	2800
~~shall be afforded the opportunity to participate in any~~	2801
~~extracurricular activities offered at the school to which the~~	2802
~~student would be assigned by the district superintendent pursuant~~	2803
~~to section 3319.01 of the Revised Code.~~	2804

~~(2) A student who is enrolled in~~or in a science, technology,	2805
engineering, and mathematics school established under Chapter	2806
3326. of the Revised Code shall ~~not be prohibited from~~	2807
~~participating in any extracurricular activities offered at the~~	2808
~~traditional public school that is operated by the school district~~	2809
~~in which the student is entitled to attend school pursuant to~~	2810
~~section 3313.64 or 3313.65 of the Revised Code and to which the~~	2811
~~student otherwise would be assigned. If more than one such school~~	2812
~~operated by the school district serves the student's grade level,~~	2813
~~the student shall be afforded the opportunity to participate in~~	2814
~~any extracurricular activities offered at the school to which the~~	2815
~~student would be assigned by the district superintendent pursuant~~	2816
~~to section 3319.01 of the Revised Code~~be afforded, by the	2817
superintendent of the school district in which the student is	2818
entitled to attend school under section 3313.64 or 3313.65 of the	2819
Revised Code, the opportunity to participate in that	2820
extracurricular activity at the district school to which the	2821
student otherwise would be assigned during that school year. If	2822
more than one school operated by the school district serves the	2823
student's grade level, as determined by the district	2824
superintendent based on the student's age and academic	2825
performance, the student shall be afforded the opportunity to	2826
participate in that extracurricular activity at the school to	2827
which the student would be assigned by the superintendent under	2828
section 3319.01 of the Revised Code.	2829

(2) The superintendent of any school district may afford any	2830
student enrolled in community school or science, technology,	2831
engineering, and mathematics school, and who is not entitled to	2832
attend school in the district under section 3313.64 or 3313.65 of	2833
the Revised Code, the opportunity to participate in an	2834
extracurricular activity offered by a school of the district, if	2835
both of the following apply:	2836

(a) The school in which the student is enrolled does not	2837
offer the extracurricular activity.	2838

(b) The extracurricular activity is not interscholastic	2839
athletics or interscholastic contests or competition in music,	2840
drama, or forensics.	2841

(C) In order to participate in any extracurricular activity	2842
under this section, the student shall be of the appropriate age	2843
and grade level, as determined by the superintendent of the	2844
district, for the school that offers the extracurricular activity,	2845
and shall fulfill the same academic, nonacademic, and financial	2846
requirements as any other participant~~, including the rules and~~	2847
~~policies adopted by the school district under section 3313.535 of~~	2848
~~the Revised Code. The school district board of education may~~	2849
~~require a community school student to enroll and participate in no~~	2850
~~more than one academic course at the school offering the~~	2851
~~extracurricular activity as a condition to participating in the~~	2852
~~activity. In that case, the board shall admit students seeking to~~	2853
~~enroll in an academic course to fulfill the requirement as space~~	2854
~~allows after first enrolling students assigned to that school~~.	2855

(D) No school district board of education shall take any	2856
action contrary to the provisions of this section.	2857

(E) No school or school district shall impose additional	2858
rules on a student to participate under this section that do not	2859
apply to other students participating in the same extracurricular	2860
activity. No school or school district shall impose fees for a	2861
student to participate under this section that exceed any fees	2862
charged to other students participating in the same	2863
extracurricular activity.	2864

(F) No school district, interscholastic conference, or	2865
organization that regulates interscholastic conferences or events	2866
shall require a student who is eligible to participate in	2867
extracurricular activities under this section to meet eligibility	2868
requirements that conflict with this section.	2869

Sec. 3313.603. (A) As used in this section:

2870

(1) "One unit" means a minimum of one hundred twenty hours of	2871
course instruction, except that for a laboratory course, "one	2872
unit" means a minimum of one hundred fifty hours of course	2873
instruction.	2874

(2) "One-half unit" means a minimum of sixty hours of course	2875
instruction, except that for physical education courses, "one-half	2876
unit" means a minimum of one hundred twenty hours of course	2877
instruction.	2878

(B) Beginning September 15, 2001, except as required in	2879
division (C) of this section and division (C) of section 3313.614	2880
of the Revised Code, the requirements for graduation from every	2881
high school shall include twenty units earned in grades nine	2882
through twelve and shall be distributed as follows:	2883

(1) English language arts, four units;

2884

(2) Health, one-half unit;

2885

(3) Mathematics, three units;

2886

(4) Physical education, one-half unit;

2887

(5) Science, two units until September 15, 2003, and three	2888
units thereafter, which at all times shall include both of the	2889
following:	2890

(a) Biological sciences, one unit;

2891

(b) Physical sciences, one unit.

2892

(6) History and government, one unit, which shall comply with	2893
division (M) of this section and shall include both of the	2894
following:	2895

(a) American history, one-half unit;

2896

(b) American government, one-half unit.

2897

(7) Social studies, two units.

2898

(8) Elective units, seven units until September 15, 2003, and	2899
six units thereafter.	2900

Each student's electives shall include at least one unit, or	2901
two half units, chosen from among the areas of	2902
business/technology, fine arts, and/or foreign language.	2903

(C) Beginning with students who enter ninth grade for the	2904
first time on or after July 1, 2010, except as provided in	2905
divisions (D) to (F) of this section, the requirements for	2906
graduation from every public and chartered nonpublic high school	2907
shall include twenty units that are designed to prepare students	2908
for the workforce and college. The units shall be distributed as	2909
follows:	2910

(1) English language arts, four units;

2911

(2) Health, one-half unit, which shall include instruction in	2912
nutrition and the benefits of nutritious foods and physical	2913
activity for overall health;	2914

(3) Mathematics, four units, which shall include one unit of	2915
algebra II or the equivalent of algebra II;	2916

(4) Physical education, one-half unit;

2917

(5) Science, three units with inquiry-based laboratory	2918
experience that engages students in asking valid scientific	2919
questions and gathering and analyzing information, which shall	2920
include the following, or their equivalent:	2921

(a) Physical sciences, one unit;

2922

(b) Life sciences, one unit;

2923

(c) Advanced study in one or more of the following sciences,	2924
one unit:	2925

(i) Chemistry, physics, or other physical science;

2926

(ii) Advanced biology or other life science;

2927

(iii) Astronomy, physical geology, or other earth or space	2928
science.	2929

(6) History and government, one unit, which shall comply with	2930
division (M) of this section and shall include both of the	2931
following:	2932

(a) American history, one-half unit;

2933

(b) American government, one-half unit.

2934

(7) Social studies, two units.

2935

Each school shall integrate the study of economics and	2936
financial literacy, as expressed in the social studies academic	2937
content standards adopted by the state board of education under	2938
division (A)(1) of section 3301.079 of the Revised Code and the	2939
academic content standards for financial literacy and	2940
entrepreneurship adopted under division (A)(2) of that section,	2941
into one or more existing social studies credits required under	2942
division (C)(7) of this section, or into the content of another	2943
class, so that every high school student receives instruction in	2944
those concepts. In developing the curriculum required by this	2945
paragraph, schools shall use available public-private partnerships	2946
and resources and materials that exist in business, industry, and	2947
through the centers for economics education at institutions of	2948
higher education in the state.	2949

(8) Five units consisting of one or any combination of	2950
foreign language, fine arts, business, career-technical education,	2951
family and consumer sciences, technology, agricultural education,	2952
a junior reserve officer training corps (JROTC) program approved	2953
by the congress of the United States under title 10 of the United	2954
States Code, or English language arts, mathematics, science, or	2955
social studies courses not otherwise required under division (C)	2956
of this section.	2957

Ohioans must be prepared to apply increased knowledge and	2958
skills in the workplace and to adapt their knowledge and skills	2959
quickly to meet the rapidly changing conditions of the	2960
twenty-first century. National studies indicate that all high	2961
school graduates need the same academic foundation, regardless of	2962
the opportunities they pursue after graduation. The goal of Ohio's	2963
system of elementary and secondary education is to prepare all	2964
students for and seamlessly connect all students to success in	2965
life beyond high school graduation, regardless of whether the next	2966
step is entering the workforce, beginning an apprenticeship,	2967
engaging in post-secondary training, serving in the military, or	2968
pursuing a college degree.	2969

The Ohio core curriculum is the standard expectation for all	2970
students entering ninth grade for the first time at a public or	2971
chartered nonpublic high school on or after July 1, 2010. A	2972
student may satisfy this expectation through a variety of methods,	2973
including, but not limited to, integrated, applied,	2974
career-technical, and traditional coursework.	2975

Whereas teacher quality is essential for student success in	2976
completing the Ohio core curriculum, the general assembly shall	2977
appropriate funds for strategic initiatives designed to strengthen	2978
schools' capacities to hire and retain highly qualified teachers	2979
in the subject areas required by the curriculum. Such initiatives	2980
are expected to require an investment of $120,000,000 over five	2981
years.	2982

Stronger coordination between high schools and institutions	2983
of higher education is necessary to prepare students for more	2984
challenging academic endeavors and to lessen the need for academic	2985
remediation in college, thereby reducing the costs of higher	2986
education for Ohio's students, families, and the state. The state	2987
board and the chancellor of the Ohio board of regents shall	2988
develop policies to ensure that only in rare instances will	2989
students who complete the Ohio core curriculum require academic	2990
remediation after high school.	2991

School districts, community schools, and chartered nonpublic	2992
schools shall integrate technology into learning experiences	2993
across the curriculum in order to maximize efficiency, enhance	2994
learning, and prepare students for success in the	2995
technology-driven twenty-first century. Districts and schools	2996
shall use distance and web-based course delivery as a method of	2997
providing or augmenting all instruction required under this	2998
division, including laboratory experience in science. Districts	2999
and schools shall utilize technology access and electronic	3000
learning opportunities provided by the broadcast educational media	3001
commission, chancellor, the Ohio learning network, education	3002
technology centers, public television stations, and other public	3003
and private providers.	3004

(D) Except as provided in division (E) of this section, a	3005
student who enters ninth grade on or after July 1, 2010, and	3006
before July 1, 2014, may qualify for graduation from a public or	3007
chartered nonpublic high school even though the student has not	3008
completed the Ohio core curriculum prescribed in division (C) of	3009
this section if all of the following conditions are satisfied:	3010

(1) After the student has attended high school for two years,	3011
as determined by the school, the student and the student's parent,	3012
guardian, or custodian sign and file with the school a written	3013
statement asserting the parent's, guardian's, or custodian's	3014
consent to the student's graduating without completing the Ohio	3015
core curriculum and acknowledging that one consequence of not	3016
completing the Ohio core curriculum is ineligibility to enroll in	3017
most state universities in Ohio without further coursework.	3018

(2) The student and parent, guardian, or custodian fulfill	3019
any procedural requirements the school stipulates to ensure the	3020
student's and parent's, guardian's, or custodian's informed	3021
consent and to facilitate orderly filing of statements under	3022
division (D)(1) of this section.	3023

(3) The student and the student's parent, guardian, or	3024
custodian and a representative of the student's high school	3025
jointly develop ~~an individual career~~a student success plan for	3026
the student in the manner described in division (C)(1) of section	3027
3313.6020 of the Revised Code that specifies the student	3028
matriculating to a two-year degree program, acquiring a business	3029
and industry credential, or entering an apprenticeship.	3030

(4) The student's high school provides counseling and support	3031
for the student related to the plan developed under division	3032
(D)(3) of this section during the remainder of the student's high	3033
school experience.	3034

(5) The student successfully completes, at a minimum, the	3035
curriculum prescribed in division (B) of this section.	3036

The department of education, in collaboration with the	3037
chancellor, shall analyze student performance data to determine if	3038
there are mitigating factors that warrant extending the exception	3039
permitted by division (D) of this section to high school classes	3040
beyond those entering ninth grade before July 1, 2014. The	3041
department shall submit its findings and any recommendations not	3042
later than August 1, 2014, to the speaker and minority leader of	3043
the house of representatives, the president and minority leader of	3044
the senate, the chairpersons and ranking minority members of the	3045
standing committees of the house of representatives and the senate	3046
that consider education legislation, the state board of education,	3047
and the superintendent of public instruction.	3048

(E) Each school district and chartered nonpublic school	3049
retains the authority to require an even more rigorous minimum	3050
curriculum for high school graduation than specified in division	3051
(B) or (C) of this section. A school district board of education,	3052
through the adoption of a resolution, or the governing authority	3053
of a chartered nonpublic school may stipulate any of the	3054
following:	3055

(1) A minimum high school curriculum that requires more than	3056
twenty units of academic credit to graduate;	3057

(2) An exception to the district's or school's minimum high	3058
school curriculum that is comparable to the exception provided in	3059
division (D) of this section but with additional requirements,	3060
which may include a requirement that the student successfully	3061
complete more than the minimum curriculum prescribed in division	3062
(B) of this section;	3063

(3) That no exception comparable to that provided in division	3064
(D) of this section is available.	3065

(F) A student enrolled in a dropout prevention and recovery	3066
program, which program has received a waiver from the department,	3067
may qualify for graduation from high school by successfully	3068
completing a competency-based instructional program administered	3069
by the dropout prevention and recovery program in lieu of	3070
completing the Ohio core curriculum prescribed in division (C) of	3071
this section. The department shall grant a waiver to a dropout	3072
prevention and recovery program, within sixty days after the	3073
program applies for the waiver, if the program meets all of the	3074
following conditions:	3075

(1) The program serves only students not younger than sixteen	3076
years of age and not older than twenty-one years of age.	3077

(2) The program enrolls students who, at the time of their	3078
initial enrollment, either, or both, are at least one grade level	3079
behind their cohort age groups or experience crises that	3080
significantly interfere with their academic progress such that	3081
they are prevented from continuing their traditional programs.	3082

(3) The program requires students to attain at least the	3083
applicable score designated for each of the assessments prescribed	3084
under division (B)(1) of section 3301.0710 of the Revised Code or,	3085
to the extent prescribed by rule of the state board under division	3086
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	3087
of that section.	3088

(4) The program develops ~~an individual career~~a student	3089
success plan for the student in the manner described in division	3090
(C)(1) of section 3313.6020 of the Revised Code that specifies the	3091
student's matriculating to a two-year degree program, acquiring a	3092
business and industry credential, or entering an apprenticeship.	3093

(5) The program provides counseling and support for the	3094
student related to the plan developed under division (F)(4) of	3095
this section during the remainder of the student's high school	3096
experience.	3097

(6) The program requires the student and the student's	3098
parent, guardian, or custodian to sign and file, in accordance	3099
with procedural requirements stipulated by the program, a written	3100
statement asserting the parent's, guardian's, or custodian's	3101
consent to the student's graduating without completing the Ohio	3102
core curriculum and acknowledging that one consequence of not	3103
completing the Ohio core curriculum is ineligibility to enroll in	3104
most state universities in Ohio without further coursework.	3105

(7) Prior to receiving the waiver, the program has submitted	3106
to the department an instructional plan that demonstrates how the	3107
academic content standards adopted by the state board under	3108
section 3301.079 of the Revised Code will be taught and assessed.	3109

(8) Prior to receiving the waiver, the program has submitted	3110
to the department a policy on career advising that satisfies the	3111
requirements of section 3313.6020 of the Revised Code, with an	3112
emphasis on how every student will receive career advising.	3113

(9) Prior to receiving the waiver, the program has submitted	3114
to the department a written agreement outlining the future	3115
cooperation between the program and any combination of local job	3116
training, postsecondary education, nonprofit, and health and	3117
social service organizations to provide services for students in	3118
the program and their families.	3119

Divisions (F)(8) and (9) of this section apply only to	3120
waivers granted on or after July 1, 2016.	3121

If the department does not act either to grant the waiver or	3122
to reject the program application for the waiver within sixty days	3123
as required under this section, the waiver shall be considered to	3124
be granted.	3125

(G) Every high school may permit students below the ninth	3126
grade to take advanced work. If a high school so permits, it shall	3127
award high school credit for successful completion of the advanced	3128
work and shall count such advanced work toward the graduation	3129
requirements of division (B) or (C) of this section if the	3130
advanced work was both:	3131

(1) Taught by a person who possesses a license or certificate	3132
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	3133
Code that is valid for teaching high school;	3134

(2) Designated by the board of education of the city, local,	3135
or exempted village school district, the board of the cooperative	3136
education school district, or the governing authority of the	3137
chartered nonpublic school as meeting the high school curriculum	3138
requirements.	3139

Each high school shall record on the student's high school	3140
transcript all high school credit awarded under division (G) of	3141
this section. In addition, if the student completed a seventh- or	3142
eighth-grade fine arts course described in division (K) of this	3143
section and the course qualified for high school credit under that	3144
division, the high school shall record that course on the	3145
student's high school transcript.	3146

(H) The department shall make its individual academic career	3147
plan available through its Ohio career information system web site	3148
for districts and schools to use as a tool for communicating with	3149
and providing guidance to students and families in selecting high	3150
school courses.	3151

(I) Units earned in English language arts, mathematics,	3152
science, and social studies that are delivered through integrated	3153
academic and career-technical instruction are eligible to meet the	3154
graduation requirements of division (B) or (C) of this section.	3155

(J) The state board, in consultation with the chancellor,	3156
shall adopt a statewide plan implementing methods for students to	3157
earn units of high school credit based on a demonstration of	3158
subject area competency, instead of or in combination with	3159
completing hours of classroom instruction. The state board shall	3160
adopt the plan not later than March 31, 2009, and commence phasing	3161
in the plan during the 2009-2010 school year. The plan shall	3162
include a standard method for recording demonstrated proficiency	3163
on high school transcripts. Each school district and community	3164
school shall comply with the state board's plan adopted under this	3165
division and award units of high school credit in accordance with	3166
the plan. The state board may adopt existing methods for earning	3167
high school credit based on a demonstration of subject area	3168
competency as necessary prior to the 2009-2010 school year.	3169

(K) This division does not apply to students who qualify for	3170
graduation from high school under division (D) or (F) of this	3171
section, or to students pursuing a career-technical instructional	3172
track as determined by the school district board of education or	3173
the chartered nonpublic school's governing authority.	3174
Nevertheless, the general assembly encourages such students to	3175
consider enrolling in a fine arts course as an elective.	3176

Beginning with students who enter ninth grade for the first	3177
time on or after July 1, 2010, each student enrolled in a public	3178
or chartered nonpublic high school shall complete two semesters or	3179
the equivalent of fine arts to graduate from high school. The	3180
coursework may be completed in any of grades seven to twelve. Each	3181
student who completes a fine arts course in grade seven or eight	3182
may elect to count that course toward the five units of electives	3183
required for graduation under division (C)(8) of this section, if	3184
the course satisfied the requirements of division (G) of this	3185
section. In that case, the high school shall award the student	3186
high school credit for the course and count the course toward the	3187
five units required under division (C)(8) of this section. If the	3188
course in grade seven or eight did not satisfy the requirements of	3189
division (G) of this section, the high school shall not award the	3190
student high school credit for the course but shall count the	3191
course toward the two semesters or the equivalent of fine arts	3192
required by this division.	3193

(L) Notwithstanding anything to the contrary in this section,	3194
the board of education of each school district and the governing	3195
authority of each chartered nonpublic school may adopt a policy to	3196
excuse from the high school physical education requirement each	3197
student who, during high school, has participated in	3198
interscholastic athletics, marching band, or cheerleading for at	3199
least two full seasons or in the junior reserve officer training	3200
corps for at least two full school years. If the board or	3201
authority adopts such a policy, the board or authority shall not	3202
require the student to complete any physical education course as a	3203
condition to graduate. However, the student shall be required to	3204
complete one-half unit, consisting of at least sixty hours of	3205
instruction, in another course of study. In the case of a student	3206
who has participated in the junior reserve officer training corps	3207
for at least two full school years, credit received for that	3208
participation may be used to satisfy the requirement to complete	3209
one-half unit in another course of study.	3210

(M) It is important that high school students learn and	3211
understand United States history and the governments of both the	3212
United States and the state of Ohio. Therefore, beginning with	3213
students who enter ninth grade for the first time on or after July	3214
1, 2012, the study of American history and American government	3215
required by divisions (B)(6) and (C)(6) of this section shall	3216
include the study of all of the following documents:	3217

(1) The Declaration of Independence;

3218

(2) The Northwest Ordinance;

3219

(3) The Constitution of the United States with emphasis on	3220
the Bill of Rights;	3221

(4) The Ohio Constitution.

3222

The study of each of the documents prescribed in divisions	3223
(M)(1) to (4) of this section shall include study of that document	3224
in its original context.	3225

The study of American history and government required by	3226
divisions (B)(6) and (C)(6) of this section shall include the	3227
historical evidence of the role of documents such as the	3228
Federalist Papers and the Anti-Federalist Papers to firmly	3229
establish the historical background leading to the establishment	3230
of the provisions of the Constitution and Bill of Rights.	3231

Sec. 3313.6013. (A) As used in this section, "~~dual enrollment~~	3232
advanced standing program" means a program that enables a student	3233
to earn credit toward a degree from an institution of higher	3234
education while enrolled in high school or that enables a student	3235
to complete coursework while enrolled in high school that may earn	3236
credit toward a degree from an institution of higher education	3237
upon the student's attainment of a specified score on an	3238
examination covering the coursework. ~~Dual enrollment~~Advanced	3239
standing programs may include any of the following:	3240

(1) The ~~post-secondary enrollment options~~college credit plus	3241
program established under Chapter 3365. of the Revised Code;	3242

(2) Advanced placement courses;

3243

(3) ~~Any similar program established pursuant to an agreement~~	3244
~~between a school district or chartered nonpublic high school and~~	3245
~~an institution of higher education~~International baccalaureate	3246
diploma courses;	3247

(4) Early college high ~~schools~~school programs.

3248

(B) Each city, local, exempted village, and joint vocational	3249
school district and each chartered nonpublic high school shall	3250
provide students enrolled in grades nine through twelve with the	3251
opportunity to participate in ~~a dual enrollment~~an advanced	3252
standing program. For this purpose, each school district and	3253
chartered nonpublic high school shall offer at least one ~~dual~~	3254
~~enrollment~~advanced standing program in accordance with division	3255
(B)(1) or (2) of this section, as applicable.	3256

(1) A city, local, or exempted village school district meets	3257
the requirements of this division through its mandatory	3258
participation in the ~~post-secondary enrollment options~~college	3259
credit plus program established under Chapter 3365. of the Revised	3260
Code. However, a city, local, or exempted village school district	3261
may offer any other ~~dual enrollment~~advanced standing program, in	3262
addition to the ~~post-secondary enrollment options~~college credit	3263
plus program, and each joint vocational school district shall	3264
offer at least one other ~~dual enrollment~~advanced standing	3265
program, to students in good standing, as defined by the	3266
partnership for continued learning under section 3301.42 of the	3267
Revised Code as it existed prior to October 16, 2009, or as	3268
subsequently defined by the department of education.	3269

(2) A chartered nonpublic high school that elects to	3270
participate in the ~~post-secondary enrollment options~~college	3271
credit plus program established under Chapter 3365. of the Revised	3272
Code meets the requirements of this division. Each chartered	3273
nonpublic high school that elects not to participate in the	3274
~~post-secondary enrollment options~~college credit plus program	3275
instead shall offer at least one other ~~dual enrollment~~advanced	3276
standing program to students in good standing, as defined by the	3277
partnership for continued learning under section 3301.42 of the	3278
Revised Code as it existed prior to October 16, 2009, or as	3279
subsequently defined by the department of education.	3280

(C) Each school district and each chartered nonpublic high	3281
school shall provide information about the ~~dual enrollment~~	3282
advanced standing programs offered by the district or school to	3283
all students enrolled in grades eight through eleven. The district	3284
or school shall include information about all of the following:	3285

(1) The process colleges and universities use in awarding	3286
credit for advanced placement and international baccalaureate	3287
courses and examinations, including minimum scores required by	3288
state institutions of higher education, as defined in section	3289
3345.011 of the Revised Code, for a student to receive college	3290
credit;	3291

(2) The availability of tuition and fee waivers for advanced	3292
placement and international baccalaureate courses and	3293
examinations;	3294

(3) The availability of online advanced placement or	3295
international baccalaureate courses, including those that may be	3296
available at no cost;	3297

(4) The benefits of earning postsecondary credit through	3298
advanced placement or international baccalaureate courses;	3299

(5) The availability of advanced placement or international	3300
baccalaureate courses offered throughout the district.	3301

The district or school may include additional information as	3302
determined appropriate by the district or school.	3303

(D) NoExcept as provided for in Chapter 3365. of the Revised	3304
Code, no city, local, exempted village, and joint vocational	3305
school district shall charge an enrolled student an additional fee	3306
or tuition for participation in any ~~dual enrollment~~advanced	3307
standing program offered by the district. Students may be required	3308
to pay the costs associated with taking an advanced placement or	3309
international baccalaureate examination.	3310

(E) Any agreement between a school district or school and an	3311
associated college governing the operation of an early college	3312
high school program shall be subject to the requirements of the	3313
college credit plus program, with the following exceptions:	3314

(1) Any aspect of the agreement that does not relate to the	3315
conferral of transcripted credit, as defined in section 3365.01 of	3316
the Revised Code, shall not be subject to the requirements of the	3317
college credit plus program.	3318

(2) If the early college high school program began operating	3319
prior to July 1, 2014, the agreement shall not be subject to the	3320
requirements of the college credit plus program until the later of	3321
the date on which the existing agreement expires or July 1, 2015.	3322

(3) If the district, school, or associated college operating	3323
the early college high school program was granted an award under	3324
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly	3325
for the 2014-2015 school year, as the lead applicant on the grant	3326
or as part of a consortium, for a project involving the	3327
establishment or expansion of an early college high school, the	3328
agreement shall not be subject to the requirements of the college	3329
credit plus program during the period of time for which the	3330
project is funded by the grant award under that section.	3331

The college credit plus program shall not govern any advanced	3332
placement course or international baccalaureate diploma course as	3333
described under this section.	3334

(F) As used in this section:

3335

(1) "Associated college" means a public or private college,	3336
as defined in section 3365.01 of the Revised Code, which has	3337
entered into an agreement with a school district or school to	3338
establish an early college high school program, as described in	3339
division (F)(2) of this section, and awards transcripted credit,	3340
as defined in section 3365.01 of the Revised Code, to students	3341
through that program.	3342

(2) "Early college high school program" means a program	3343
operated by a school district or school and an associated college	3344
that provides a personalized learning plan, which is based on	3345
accelerated curriculum and includes both high school and	3346
college-level coursework, and enables the following students to	3347
earn a high school diploma and an associate degree, or the	3348
equivalent number of transcripted credits, upon successful	3349
completion of the program:	3350

(a) Students who are underrepresented in regard to completing	3351
post-secondary education;	3352

(b) Students who are economically disadvantaged, as defined	3353
by the department of education;	3354

3355

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	3356
the department of education shall administer a pilot program	3357
requiring daily physical activity for students. Any school	3358
district; community school established under Chapter 3314. of the	3359
Revised Code; science, technology, engineering, and mathematics	3360
school established under Chapter 3326. of the Revised Code; or	3361
chartered nonpublic school annually may elect to participate in	3362
the pilot program by notifying the department of its interest by a	3363
date established by the department. If a school district elects to	3364
participate in the pilot program, the district shall select one or	3365
more school buildings to participate in the program. To the	3366
maximum extent possible, the department shall seek to include in	3367
the pilot program districts and schools that are located in urban,	3368
suburban, and rural areas distributed geographically throughout	3369
the state. The department shall administer the pilot program in	3370
accordance with this section.	3371

(B) Except as provided in division (C) of this section, each	3372
district or school participating in the pilot program shall	3373
require all students in the school building selected under	3374
division (A) of this section to engage in at least thirty minutes	3375
of moderate to rigorous physical activity each school day or at	3376
least one hundred fifty minutes of moderate to rigorous physical	3377
activity each week, exclusive of recess. Physical activity engaged	3378
in during the following may count toward the daily requirement:	3379

(1) A physical education course;

3380

(2) A program or activity occurring before or after the	3381
regular school day, as defined in section 3313.814 of the Revised	3382
Code, that is sponsored or approved by the school of attendance,	3383
provided school officials are able to monitor students'	3384
participation to ensure compliance with the requirement.	3385

(C) None of the following shall be subject to the requirement	3386
of division (B) of this section:	3387

(1) Any student enrolled in the ~~post-secondary enrollment~~	3388
~~options~~college credit plus program established under Chapter	3389
3365. of the Revised Code;	3390

(2) Any student enrolled in a career-technical education	3391
program operated by the district or school;	3392

(3) Any student enrolled in a dropout prevention and recovery	3393
program operated by the district or school.	3394

(D) For any period in which a student is participating in	3395
interscholastic athletics, marching band, cheerleading, or a	3396
junior reserve officer training corps program, the district or	3397
school may excuse the student from the requirement of division (B)	3398
of this section.	3399

(E) The district or school may excuse any kindergarten	3400
student who is not enrolled in all-day kindergarten, as defined in	3401
section 3321.05 of the Revised Code, from the requirement of	3402
division (B) of this section.	3403

(F) Each district or school annually shall report to the	3404
department, in the manner prescribed by the department, how the	3405
district or school implemented the thirty minutes of daily	3406
physical activity and the financial costs of implementation. The	3407
department shall issue an annual report of the data collected	3408
under this division.	3409

Sec. 3313.6020. (A)(1) Beginning in the 2016-2017 school	3410
year, the board of education of each city, local, exempted	3411
village, and joint vocational school district shall adopt a policy	3412
on career advising that complies with this section. Thereafter,	3413
the policy shall be updated at least once every two years.	3414

(2) The board shall make the policy publicly available to	3415
students, parents, guardians, or custodians, local post-secondary	3416
institutions, and residents of the district. The district shall	3417
post the policy in a prominent location on its web site, if it has	3418
one.	3419

(B) The policy on career advising shall specify how the	3420
district will do all of the following:	3421

(1) Provide students with grade-level examples that link	3422
their schoolwork to one or more career fields. A district may use	3423
career connections developed under division (B)(2) of section	3424
3301.079 of the Revised Code for this purpose.	3425

(2) Create a plan to provide career advising to students in	3426
grades six through twelve;	3427

(3) Beginning in the 2016-2017 school year, provide	3428
additional interventions and career advising for students who are	3429
identified as at risk of dropping out of school in accordance with	3430
division (C) of this section;	3431

(4) Train its employees on how to advise students on career	3432
pathways, including training on advising students using online	3433
tools;	3434

(5) Develop multiple, clear academic pathways through high	3435
school that students may choose in order to earn a high school	3436
diploma;	3437

(6) Identify and publicize courses that can award students	3438
both traditional academic and career-technical credit;	3439

(7) Document the career advising provided to each student for	3440
review by the student, the student's parent, guardian, or	3441
custodian, and future schools that the student may attend. A	3442
district shall not otherwise release this information without the	3443
written consent of the student's parent, guardian, or custodian,	3444
if the student is less than eighteen years old, or the written	3445
consent of the student, if the student is at least eighteen years	3446
old.	3447

(8) Prepare students for their transition from high school to	3448
their post-secondary destinations, including any special	3449
interventions that are necessary for students in need of	3450
remediation in mathematics or English language arts.	3451

(C)(1) Beginning in the 2016-2017 school year, each district	3452
shall identify students who are at risk of dropping out of school	3453
using a method that is both research-based and locally-based. If a	3454
student is identified as at risk of dropping out of school, the	3455
district shall develop a student success plan that addresses the	3456
student's academic pathway to a successful graduation and the role	3457
of career-technical education, competency-based education, and	3458
experiential learning, as appropriate, in that pathway.	3459

(2) Prior to developing a student success plan for a student,	3460
the district shall invite the student's parent, guardian, or	3461
custodian to assist in developing the plan. If the student's	3462
parent, guardian, or custodian does not participate in the	3463
development of the plan, the district shall provide to the parent,	3464
guardian, or custodian a copy of the student's success plan and a	3465
statement of the importance of a high school diploma and the	3466
academic pathways available to the student in order to	3467
successfully graduate.	3468

(3) Following the development of a student success plan for a	3469
student, the district shall provide career advising to the student	3470
that is aligned with the plan and, beginning in the 2016-2017	3471
school year, the district's plan to provide career advising	3472
created under division (B)(2) of this section.	3473

(D) Not later than December 1, 2014, the department of	3474
education shall develop and post on its web site model policies on	3475
career advising and model student success plans.	3476

Sec. 3313.612. (A) No nonpublic school chartered by the	3477
state board of education shall grant a high school diploma to any	3478
person unless, subject to section 3313.614 of the Revised Code,	3479
the person has met the assessment requirements of division (A)(1)	3480
or (2) of this section, as applicable.	3481

(1) If the person entered the ninth grade prior to the date	3482
prescribed by rule of the state board under division (D)(2) of	3483
section 3301.0712 of the Revised Code, the person has attained at	3484
least the applicable scores designated under division (B)(1) of	3485
section 3301.0710 of the Revised Code on all the assessments	3486
required by that division, or has satisfied the alternative	3487
conditions prescribed in section 3313.615 of the Revised Code.	3488

(2) If the person entered the ninth grade on or after the	3489
date prescribed by rule of the state board under division	3490
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	3491
met the requirements of the entire assessment system prescribed	3492
under division (B)(2) of section 3301.0710 of the Revised Code.	3493

(B) This section does not apply to any of the following:

3494

(1) Any person with regard to any assessment from which the	3495
person was excused pursuant to division (C)(1)(c) of section	3496
3301.0711 of the Revised Code;	3497

(2) Any person that attends a nonpublic school ~~accredited~~	3498
~~through the independent school association of the central states~~	3499
acting in accordance with division (D) of this section with regard	3500
to any end-of-course examination required under divisions (B)(2)	3501
and (3) of section 3301.0712 of the Revised Code;	3502

(3) Any person with regard to the social studies assessment	3503
under division (B)(1) of section 3301.0710 of the Revised Code,	3504
any American history end-of-course examination and any American	3505
government end-of-course examination required under division	3506
(B)(2) of that section if such an exemption is prescribed by rule	3507
of the state board of education under division (D)(4) of section	3508
3301.0712 of the Revised Code, or the citizenship test under	3509
former division (B) of section 3301.0710 of the Revised Code as it	3510
existed prior to September 11, 2001, if all of the following	3511
apply:	3512

(a) The person is not a citizen of the United States;

3513

(b) The person is not a permanent resident of the United	3514
States;	3515

(c) The person indicates no intention to reside in the United	3516
States after completion of high school.	3517

(C) As used in this division, "limited English proficient	3518
student" has the same meaning as in division (C)(3) of section	3519
3301.0711 of the Revised Code.	3520

Notwithstanding division (C)(3) of section 3301.0711 of the	3521
Revised Code, no limited English proficient student who has not	3522
either attained the applicable scores designated under division	3523
(B)(1) of section 3301.0710 of the Revised Code on all the	3524
assessments required by that division, or met the requirements of	3525
the assessments under division (B)(2) of that section, shall be	3526
awarded a diploma under this section.	3527

(D) A nonpublic school chartered by the state board may forgo	3528
the end-of-course examinations required by divisions (B)(2) and	3529
(3) of section 3301.0712 of the Revised Code, if that school	3530
publishes the results of the standardized assessment prescribed	3531
under division (B)(1) of section 3301.0712 of the Revised Code for	3532
each graduating class. The published results shall include the	3533
overall composite scores, mean scores, 25th percentile scores, and	3534
75th percentile scores for each subject area of the assessment.	3535

(E) The state board shall not impose additional requirements	3536
or assessments for the granting of a high school diploma under	3537
this section that are not prescribed by this section.	3538

(F) The department of education shall furnish the assessment	3539
administered by a nonpublic school pursuant to division (B)(1) of	3540
section 3301.0712 of the Revised Code.	3541

Sec. 3313.843. (A) Notwithstanding division (D) of section	3542
3311.52 of the Revised Code, this section does not apply to any	3543
cooperative education school district.	3544

(B)(1) The board of education of each city, exempted village,	3545
or local school district with an average daily student enrollment	3546
of sixteen thousand or less, reported for the district on the most	3547
recent report card issued under section 3302.03 of the Revised	3548
Code, shall enter into an agreement with the governing board of an	3549
educational service center, under which the educational service	3550
center governing board will provide services to the district.	3551

(2) The board of education of a city, exempted village, or	3552
local school district with an average daily student enrollment of	3553
more than sixteen thousand may enter into an agreement with the	3554
governing board of an educational service center, under which the	3555
educational service center governing board will provide services	3556
to the district.	3557

(3) Services provided under an agreement entered into under	3558
division (B)(1) or (2) of this section shall be specified in the	3559
agreement, and may include any of the following: supervisory	3560
teachers; in-service and continuing education programs for	3561
district personnel; curriculum services; research and development	3562
programs; academic instruction for which the governing board	3563
employs teachers pursuant to section 3319.02 of the Revised Code;	3564
assistance in the provision of special accommodations and classes	3565
for students with disabilities; or any other services the district	3566
board and service center governing board agree can be better	3567
provided by the service center and are not provided under an	3568
agreement entered into under section 3313.845 of the Revised Code.	3569
Services included in the agreement shall be provided to the	3570
district in the manner specified in the agreement. The district	3571
board of education shall reimburse the educational service center	3572
governing board pursuant to division (H) of this section.	3573

(C) Any agreement entered into pursuant to this section shall	3574
be filed with the department of education by the first day of July	3575
of the school year for which the agreement is in effect.	3576

(D)(1) An agreement for services from an educational service	3577
center entered into under this section may be terminated by the	3578
school district board of education, at its option, by notifying	3579
the governing board of the service center by March 1, 2012, or by	3580
the first day of January of any odd-numbered year thereafter, that	3581
the district board intends to terminate the agreement in that	3582
year, and that termination shall be effective on the thirtieth day	3583
of June of that year. The failure of a district board to notify an	3584
educational service center of its intent to terminate an agreement	3585
by March 1, 2012, shall result in renewal of the existing	3586
agreement for the following school year. Thereafter, the failure	3587
of a district board to notify an educational service center of its	3588
intent to terminate an agreement by the first day of January of an	3589
odd-numbered year shall result in renewal of the existing	3590
agreement for the following two school years.	3591

(2) If the school district that terminates an agreement for	3592
services under division (D)(1) of this section is also subject to	3593
the requirement of division (B)(1) of this section, the district	3594
board shall enter into a new agreement with any educational	3595
service center so that the new agreement is effective on the first	3596
day of July of that same year.	3597

(3) If all moneys owed by a school district to an educational	3598
service center under an agreement for services terminated under	3599
division (D)(1) of this section have been paid in full by the	3600
effective date of the termination, the governing board of the	3601
service center shall submit an affidavit to the department	3602
certifying that fact not later than fifteen days after the	3603
termination's effective date. Notwithstanding anything in the	3604
Revised Code to the contrary, until the department receives such	3605
an affidavit, it shall not make any payments to any other	3606
educational service center with which the district enters into an	3607
agreement under this section for services that the educational	3608
service center provides to the district.	3609

(E) An educational service center may apply to any state or	3610
federal agency for competitive grants. It may also apply to any	3611
private entity for additional funds.	3612

(F) Not later than January 1, 2014, each educational service	3613
center shall post on its web site a list of all of the services	3614
that it provides and the corresponding cost for each of those	3615
services.	3616

(G)(1) For purposes of calculating any state operating	3617
subsidy to be paid to an educational service center for the	3618
operation of that service center and any services required under	3619
Title XXXIII of the Revised Code to be provided by the service	3620
center to a school district, the service center's student count	3621
shall be the sum of the total student counts of all the school	3622
districts with which the educational service center has entered	3623
into an agreement under this section.	3624

(2) When a district enters into a new agreement with a new	3625
educational service center, the department of education shall	3626
ensure that the state operating subsidy for services provided to	3627
the district is paid to the new educational service center and	3628
that the educational service center with which the district	3629
previously had an agreement is no longer paid a state operating	3630
subsidy for providing services to that district.	3631

(H) Pursuant to division (B) of section 3317.023 of the	3632
Revised Code, the department annually shall deduct from each	3633
school district that enters into an agreement with an educational	3634
service center under this section, and pay to the service center,	3635
an amount equal to six dollars and fifty cents times the school	3636
district's total student count. The district board of education,	3637
or the district superintendent acting on behalf of the district	3638
board, may agree to pay an amount in excess of six dollars and	3639
fifty cents per student in total student count. If a majority of	3640
the boards of education, or superintendents acting on behalf of	3641
the boards, of the districts that entered into an agreement under	3642
this section approve an amount in excess of six dollars and fifty	3643
cents per student in total student count, each district shall pay	3644
the excess amount to the service center.	3645

(I) For purposes of this section, a school district's "total	3646
student count" means the average daily student enrollment reported	3647
on the most recent report card issued for the district pursuant to	3648
section 3302.03 of the Revised Code.	3649

Sec. 3313.90. As used in this section, "formula ADM" has the	3650
same meaning as in section 3317.02 of the Revised Code.	3651
Notwithstanding division (D) of section 3311.19 and division (D)	3652
of section 3311.52 of the Revised Code, the provisions of this	3653
section that apply to a city school district do not apply to any	3654
joint vocational or cooperative education school district.	3655

(A) ~~Each~~Except as provided in division (B) of this section,	3656
each city, local, and exempted village school district shall, by	3657
one of the following means, provide ~~vocational~~to students	3658
enrolled in grades seven through twelve career-technical education	3659
adequate to prepare a ~~pupil~~student enrolled therein for an	3660
occupation:	3661

(1) Establishing and maintaining a ~~vocational~~	3662
career-technical education program that meets standards adopted by	3663
the state board of education;	3664

(2) Being a member of a joint vocational school district	3665
that meets standards adopted by the state board;	3666

(3) Contracting for ~~vocational~~career-technical education	3667
with a joint vocational school district or another school district	3668
that meets the standards adopted by the state board.	3669

The standards of the state board of education shall include	3670
criteria for the participation by nonpublic students in ~~vocational~~	3671
career-technical education programs without financial assessment,	3672
charge, or tuition to such student except such assessments,	3673
charges, or tuition paid by resident public school students in	3674
such programs. Such nonpublic school students shall be included in	3675
the formula ADM of the school district maintaining the ~~vocational~~	3676
career-technical education program as part-time students in	3677
proportion to the time spent in the ~~vocational~~career-technical	3678
education program.	3679

By the thirtieth day of October of each year, the	3680
superintendent of public instruction shall determine and certify	3681
to the superintendent of each school district subject to this	3682
section either that the district is in compliance with the	3683
requirements of this section for the current school year or that	3684
the district is not in compliance. If the superintendent certifies	3685
that the district is not in compliance, he shall notify the board	3686
of education of the district of the actions necessary to bring the	3687
district into compliance with this section.	3688

In meeting standards established by the state board of	3689
education, school districts, where practicable, shall provide	3690
~~vocational~~career-technical education programs in high schools. A	3691
minimum enrollment of fifteen hundred ~~pupils~~students in grades	3692
nine through twelve is established as a base for comprehensive	3693
~~vocational~~career-technical education course offerings. Beginning	3694
with the 2015-2016 school year, this base shall increase to a	3695
minimum enrollment of two thousand two hundred fifty students in	3696
grades seven through twelve. A school district may meet this	3697
requirement alone, through a cooperative arrangement pursuant to	3698
section 3313.92 of the Revised Code, through school district	3699
consolidation, by membership in a joint vocational school	3700
district, by contract with a school district, by contract with a	3701
school licensed by any state agency established by the Revised	3702
Code which school operates its courses offered for contracting	3703
with public schools under standards as to staffing and facilities	3704
comparable to those prescribed by the state board of education for	3705
public schools provided no instructor in such courses shall be	3706
required to be certificated by the state department of education,	3707
or in a combination of such ways. Exceptions to the minimum	3708
~~requirement of fifteen hundred pupils~~enrollment prescribed by	3709
this section may be made by the state board of education based on	3710
sparsity of population or other factors indicating that	3711
comprehensive educational and ~~vocational~~career-technical	3712
education programs as required by this section can be provided	3713
through an alternate plan.	3714

(B) ~~Approval of state funds for the construction and~~	3715
~~operation of vocational facilities in any city, local, or exempted~~	3716
~~village school district shall be contingent upon a comprehensive~~	3717
~~vocational program plan approved by the state board of education~~	3718
~~no later than July 1, 1970. The state board of education shall not~~	3719
~~approve a school district plan unless the plan proposed reasonably~~	3720
~~meets the vocational needs of other school districts in the~~	3721
~~general area of the school districts in the general area of the~~	3722
~~school district submitting the plan. The plan shall be submitted~~	3723
~~to the state board of education no later than April 1, 1970. Such~~	3724
~~plan shall contain:~~	3725

~~(1) The organization for vocational education pursuant to the~~	3726
~~requirements of this section;~~	3727

~~(2) Vocational programs to be offered in the respective~~	3728
~~comprehensive high schools, in specialized schools or skill~~	3729
~~centers, and in joint vocational schools;~~	3730

~~(3) Remodeled, additional, and new vocational facilities~~	3731
~~required at the respective locations.~~	3732

~~In approving the organization for vocational education the~~	3733
~~state board of education shall provide that no city, local, or~~	3734
~~exempted village school district is excluded in the statewide plan~~	3735
If the board of education of a city, local, or exempted village	3736
school district adopts a resolution that specifies the district's	3737
intent not to provide career-technical education to students	3738
enrolled in grades seven and eight for a particular school year	3739
and submits that resolution to the department by the thirtieth day	3740
of September of that school year, the department shall waive the	3741
requirement for that district to provide career-technical	3742
education to students enrolled in grades seven and eight for that	3743
particular school year.	3744

Sec. 3313.94. (A) As used in this section:

3745

(1) "Board of education" means the board of education or	3746
governing authority of a school.	3747

(2) "In good standing" means currently employed, not on	3748
probation, and not the subject of a pending criminal disciplinary	3749
action or of a criminal or disciplinary action within the past	3750
five years that resulted in an adverse judgment or determination.	3751

(3) "Law enforcement officer" and "school" have the same	3752
meanings as in section 5747.64 of the Revised Code.	3753

(4) "Retired law enforcement officer" means a person who	3754
served as a law enforcement officer and retired from service with	3755
a law enforcement agency in good standing.	3756

(B) The sheriff of each county shall maintain a list of	3757
persons available to patrol school premises on a volunteer basis.	3758
To qualify for inclusion on the list, a person shall be a current	3759
law enforcement officer in good standing or a retired law	3760
enforcement officer with a current firearms certification issued	3761
under section 109.77 of the Revised Code and a current concealed	3762
carry license issued under section 2923.125 of the Revised Code.	3763
Before including a person on the list, the sheriff shall verify	3764
that the person is qualified. In the case of a retired law	3765
enforcement officer, verification shall include a criminal records	3766
check of the type required for a school district employee under	3767
section 3319.391 of the Revised Code. The sheriff shall exclude	3768
from the list any person who would be disqualified from employment	3769
under section 3319.391 of the Revised Code. The prospective	3770
volunteer shall pay the cost of the criminal records check. The	3771
sheriff shall require each volunteer on the list who is not a	3772
current law enforcement officer in good standing, as a condition	3773
of remaining on the list, to undergo a criminal records check	3774
every five years. Upon request of a board of education of a school	3775
whose premises are located wholly or partially within the county,	3776
the sheriff shall provide a paper or electronic copy of the list	3777
to the board.	3778

(C) A board of education that wishes to use the services of a	3779
volunteer on the list prepared under division (B) of this section	3780
may request a copy of the list from the sheriff. The board may	3781
enter into an agreement with a volunteer to patrol school premises	3782
for the sole purpose of preventing or responding to a mass	3783
casualty event connected with illegal activity. If the volunteer	3784
is currently employed as a law enforcement officer, the volunteer	3785
shall obtain the permission of the volunteer's employer before	3786
entering into an agreement under this division. An agreement may	3787
include provisions relating to additional training, uniforms, or	3788
other matters that the board considers appropriate. A volunteer	3789
shall spend not more than nine hours of any week engaged in	3790
volunteer activities pursuant to this section. The board may	3791
reimburse the volunteer for the cost of a criminal records check.	3792

(D) A school district, member of a school district board of	3793
education, governing authority of a school, member of a governing	3794
authority of a school, and volunteer under this section are not	3795
liable in damages in a civil action for injury, death, or loss to	3796
person or property allegedly arising from the volunteer's	3797
performance of services under this section unless the injury,	3798
death, or loss resulted from the volunteer's reckless or wanton	3799
conduct.	3800

Sec. 3313.975. As used in this section and in sections	3801
3313.976 to 3313.979 of the Revised Code, "the pilot project	3802
school district" or "the district" means any school district	3803
included in the pilot project scholarship program pursuant to this	3804
section.	3805

(A) The superintendent of public instruction shall establish	3806
a pilot project scholarship program and shall include in such	3807
program any school districts that are or have ever been under	3808
federal court order requiring supervision and operational	3809
management of the district by the state superintendent. The	3810
program shall provide for a number of students residing in any	3811
such district to receive scholarships to attend alternative	3812
schools, and for an equal number of students to receive tutorial	3813
assistance grants while attending public school in any such	3814
district.	3815

(B) The state superintendent shall establish an application	3816
process and deadline for accepting applications from students	3817
residing in the district to participate in the scholarship	3818
program. In the initial year of the program students may only use	3819
a scholarship to attend school in grades kindergarten through	3820
third.	3821

The state superintendent shall award as many scholarships and	3822
tutorial assistance grants as can be funded given the amount	3823
appropriated for the program. In no case, however, shall more than	3824
fifty per cent of all scholarships awarded be used by students who	3825
were enrolled in a nonpublic school during the school year of	3826
application for a scholarship.	3827

(C)(1) The pilot project program shall continue in effect	3828
each year that the general assembly has appropriated sufficient	3829
money to fund scholarships and tutorial assistance grants. In each	3830
year the program continues, new students may receive scholarships	3831
in grades kindergarten to twelve. A student who has received a	3832
scholarship may continue to receive one until the student has	3833
completed grade twelve.	3834

(2) If the general assembly discontinues the scholarship	3835
program, all students who are attending an alternative school	3836
under the pilot project shall be entitled to continued admittance	3837
to that specific school through all grades that are provided in	3838
such school, under the same conditions as when they were	3839
participating in the pilot project. The state superintendent shall	3840
continue to make scholarship payments in accordance with division	3841
(A) or (B) of section 3313.979 of the Revised Code for students	3842
who remain enrolled in an alternative school under this provision	3843
in any year that funds have been appropriated for this purpose.	3844

If funds are not appropriated, the tuition charged to the	3845
parents of a student who remains enrolled in an alternative school	3846
under this provision shall not be increased beyond the amount	3847
equal to the amount of the scholarship plus any additional amount	3848
charged that student's parent in the most recent year of	3849
attendance as a participant in the pilot project, except that	3850
tuition for all the students enrolled in such school may be	3851
increased by the same percentage.	3852

(D) Notwithstanding sections 124.39 and 3311.83 of the	3853
Revised Code, if the pilot project school district experiences a	3854
decrease in enrollment due to participation in a state-sponsored	3855
scholarship program pursuant to sections 3313.974 to 3313.979 of	3856
the Revised Code, the district board of education may enter into	3857
an agreement with any teacher it employs to provide to that	3858
teacher severance pay or early retirement incentives, or both, if	3859
the teacher agrees to terminate the employment contract with the	3860
district board, provided any collective bargaining agreement in	3861
force pursuant to Chapter 4117. of the Revised Code does not	3862
prohibit such an agreement for termination of a teacher's	3863
employment contract.	3864

(E) A student entitled to attend school in a school district	3865
in which the pilot project scholarship program is operating may be	3866
eligible for the educational choice scholarship pilot program	3867
established under sections 3310.01 to 3310.17 of the Revised Code	3868
in the manner prescribed by section 3310.05 of the Revised Code;	3869
however, a student shall not be awarded a scholarship under both	3870
programs for the same school year.	3871

Sec. 3314.015. (A) The department of education shall be	3872
responsible for the oversight of any and all sponsors of the	3873
community schools established under this chapter and shall provide	3874
technical assistance to schools and sponsors in their compliance	3875
with applicable laws and the terms of the contracts entered into	3876
under section 3314.03 of the Revised Code and in the development	3877
and start-up activities of those schools. In carrying out its	3878
duties under this section, the department shall do all of the	3879
following:	3880

(1) In providing technical assistance to proposing parties,	3881
governing authorities, and sponsors, conduct training sessions and	3882
distribute informational materials;	3883

(2) Approve entities to be sponsors of community schools;

3884

(3) Monitor and evaluate, as required under section 3314.016	3885
of the Revised Code, the effectiveness of any and all sponsors in	3886
their oversight of the schools with which they have contracted;	3887

(4) By December thirty-first of each year, issue a report to	3888
the governor, the speaker of the house of representatives, the	3889
president of the senate, and the chairpersons of the house and	3890
senate committees principally responsible for education matters	3891
regarding the effectiveness of academic programs, operations, and	3892
legal compliance and of the financial condition of all community	3893
schools established under this chapter and on the performance of	3894
community school sponsors;	3895

(5) From time to time, make legislative recommendations to	3896
the general assembly designed to enhance the operation and	3897
performance of community schools.	3898

(B)(1) Except as provided in sections 3314.021 and 3314.027	3899
of the Revised Code, no entity listed in division (C)(1) of	3900
section 3314.02 of the Revised Code shall enter into a preliminary	3901
agreement under division (C)(2) of section 3314.02 of the Revised	3902
Code until it has received approval from the department of	3903
education to sponsor community schools under this chapter and has	3904
entered into a written agreement with the department regarding the	3905
manner in which the entity will conduct such sponsorship.	3906

The initial term of a sponsor's agreement with the department	3907
shall be for up to seven years. For every year that the sponsor	3908
satisfies the conditions of division (B)(1)(a) or (b) of this	3909
section, as applicable, the department shall add one year to the	3910
agreement term, subject to divisions (C) and (F) of this section,	3911
unless the sponsor notifies the department that it does not wish	3912
to have the term of the agreement so extended.	3913

To qualify for the extension of the term of the sponsor's	3914
agreement, the sponsor shall satisfy one of the following, as	3915
applicable:	3916

(a) Prior to January 1, 2015, the sponsor is not in the	3917
lowest twenty per cent of sponsors statewide according to the	3918
composite performance index score as ranked under section 3314.016	3919
of the Revised Code, as that section exists prior to that date,	3920
and the sponsor continues to meet all the requirements of this	3921
chapter pertaining to community school sponsors.	3922

(b) On or after January 1, 2015, the sponsor is rated as	3923
"exemplary" or "effective" under section 3314.016 of the Revised	3924
Code, as that section exists on and after that date, and the	3925
sponsor continues to meet all the requirements of this chapter	3926
pertaining to community school sponsors.	3927

The department shall adopt in accordance with Chapter 119. of	3928
the Revised Code rules containing criteria, procedures, and	3929
deadlines for processing applications for approval of sponsors,	3930
for oversight of sponsors, for notifying a sponsor of	3931
noncompliance with applicable laws and administrative rules under	3932
division (F) of this section, for revocation of the approval of	3933
sponsors under division (C) of this section, and for entering into	3934
written agreements with sponsors. The rules shall require an	3935
entity to submit evidence of the entity's ability and willingness	3936
to comply with the provisions of division (D) of section 3314.03	3937
of the Revised Code. The rules also shall require entities	3938
approved as sponsors on and after June 30, 2005, to demonstrate a	3939
record of financial responsibility and successful implementation	3940
of educational programs. If an entity seeking approval on or after	3941
June 30, 2005, to sponsor community schools in this state sponsors	3942
or operates schools in another state, at least one of the schools	3943
sponsored or operated by the entity must be comparable to or	3944
better than the performance of Ohio schools in need of continuous	3945
improvement under section 3302.03 of the Revised Code, as	3946
determined by the department.	3947

Subject to section 3314.016 of the Revised Code, an entity	3948
that sponsors community schools may enter into preliminary	3949
agreements and sponsor up to one hundred schools, provided each	3950
school and the contract for sponsorship meets the requirements of	3951
this chapter.	3952

(2) The state board of education shall determine, pursuant to	3953
criteria specified in rules adopted in accordance with Chapter	3954
119. of the Revised Code, whether the mission proposed to be	3955
specified in the contract of a community school to be sponsored by	3956
a state university board of trustees or the board's designee under	3957
division (C)(1)(e) of section 3314.02 of the Revised Code complies	3958
with the requirements of that division. Such determination of the	3959
state board is final.	3960

(3) The state board of education shall determine, pursuant to	3961
criteria specified in rules adopted in accordance with Chapter	3962
119. of the Revised Code, if any tax-exempt entity under section	3963
501(c)(3) of the Internal Revenue Code that is proposed to be a	3964
sponsor of a community school is an education-oriented entity for	3965
purpose of satisfying the condition prescribed in division	3966
(C)(1)(f)(iii) of section 3314.02 of the Revised Code. Such	3967
determination of the state board is final.	3968

(C) If at any time the state board of education finds that a	3969
sponsor is not in compliance or is no longer willing to comply	3970
with its contract with any community school or with the	3971
department's rules for sponsorship, the state board or designee	3972
shall conduct a hearing in accordance with Chapter 119. of the	3973
Revised Code on that matter. If after the hearing, the state board	3974
or designee has confirmed the original finding, the department of	3975
education may revoke the sponsor's approval to sponsor community	3976
schools. In that case, the department's office of Ohio school	3977
sponsorship, established under section 3314.029 of the Revised	3978
Code, may assume the sponsorship of any schools with which the	3979
sponsor has contracted until the earlier of the expiration of two	3980
school years or until a new sponsor as described in division	3981
(C)(1) of section 3314.02 of the Revised Code is secured by the	3982
school's governing authority. The office of Ohio school	3983
sponsorship may extend the term of the contract in the case of a	3984
school for which it has assumed sponsorship under this division as	3985
necessary to accommodate the term of the department's	3986
authorization to sponsor the school specified in this division.	3987
Community schools sponsored under this division shall not apply to	3988
the limit on directly authorized community schools under division	3989
(A)(3) of section 3314.029 of the Revised Code. However, nothing	3990
in this division shall preclude a community school affected by	3991
this division from applying for sponsorship under that section.	3992

(D) The decision of the department to disapprove an entity	3993
for sponsorship of a community school or to revoke approval for	3994
such sponsorship under division (C) of this section, may be	3995
appealed by the entity in accordance with section 119.12 of the	3996
Revised Code.	3997

(E) The department shall adopt procedures for use by a	3998
community school governing authority and sponsor when the school	3999
permanently closes and ceases operation, which shall include at	4000
least procedures for data reporting to the department, handling of	4001
student records, distribution of assets in accordance with section	4002
3314.074 of the Revised Code, and other matters related to ceasing	4003
operation of the school.	4004

(F)(1) In lieu of revoking a sponsor's authority to sponsor	4005
community schools under division (C) of this section, if the	4006
department finds that a sponsor is not in compliance with	4007
applicable laws and administrative rules, the department shall	4008
declare in a written notice to the sponsor the specific laws or	4009
rules, or both, for which the sponsor is noncompliant. A sponsor	4010
notified under division (F)(1) of this section shall respond to	4011
the department not later than fourteen days after the notification	4012
with a proposed plan to remedy the conditions for which the	4013
sponsor was found to be noncompliant. The department shall approve	4014
or disapprove the plan not later than fourteen days after	4015
receiving it. If the plan is disapproved, the sponsor may submit a	4016
revised plan to the department not later than fourteen days after	4017
receiving notification of disapproval from the department or not	4018
later than sixty days after the date the sponsor received	4019
notification of noncompliance from the department, whichever is	4020
earlier. The department shall approve or disapprove the revised	4021
plan not later than fourteen days after receiving it or not later	4022
than sixty days after the date the sponsor received notification	4023
of noncompliance from the department, whichever is earlier. A	4024
sponsor may continue to make revisions by the deadlines prescribed	4025
in division (F)(1) of this section to any revised plan that is	4026
disapproved by the department until the sixtieth day after the	4027
date the sponsor received notification of noncompliance from the	4028
department.	4029

If a plan or a revised plan is approved, the sponsor shall	4030
implement it not later than sixty days after the date the sponsor	4031
received notification of noncompliance from the department or not	4032
later than thirty days after the plan is approved, whichever is	4033
later. If a sponsor does not respond to the department or	4034
implement an approved compliance plan by the deadlines prescribed	4035
by division (F)(1) of this section, or if a sponsor does not	4036
receive approval of a compliance plan on or before the sixtieth	4037
day after the date the sponsor received notification of	4038
noncompliance from the department, the department shall declare in	4039
written notice to the sponsor that the sponsor is in probationary	4040
status, and may limit the sponsor's ability to sponsor additional	4041
schools.	4042

(2) A sponsor that has been placed on probationary status	4043
under division (F)(1) of this section may apply to the department	4044
for its probationary status to be lifted. The application for a	4045
sponsor's probationary status to be lifted shall include evidence,	4046
occurring after the initial notification of noncompliance, of the	4047
sponsor's compliance with applicable laws and administrative	4048
rules. Not later than fourteen days after receiving an application	4049
from the sponsor, the department shall decide whether or not to	4050
remove the sponsor's probationary status.	4051

(G) In carrying out its duties under this chapter, the	4052
department shall not impose requirements on community schools or	4053
their sponsors that are not permitted by law or duly adopted	4054
rules.	4055

(H) ~~This~~Except as provided in division (B)(2) of section	4056
3314.02 of the Revised Code, this section applies to entities that	4057
sponsor conversion community schools and new start-up schools.	4058

Sec. 3314.016. This section applies to any entity that	4059
sponsors a community school, regardless of whether section	4060
3314.021 or 3314.027 of the Revised Code exempts the entity from	4061
the requirement to be approved for sponsorship under divisions	4062
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. ~~The~~	4063
~~office of Ohio school sponsorship established under section~~	4064
~~3314.029 of the Revised Code shall be ranked under division (B) of~~	4065
~~this section, but divisions (A) and (C) of this section do not~~	4066
~~apply to the office.~~	4067

(A) An entity that sponsors a community school shall be	4068
permitted to enter into contracts under section 3314.03 of the	4069
Revised Code to sponsor additional community schools only if the	4070
entity meets both of the following criteria:	4071

(1) The entity is in compliance with all provisions of this	4072
chapter requiring sponsors of community schools to report data or	4073
information to the department of education.	4074

(2) The entity is not ranked in the lowest twenty per cent of	4075
community school sponsors on the ranking prescribed by division	4076
(B) of this section.	4077

(B)(1) For purposes of this section, the department shall	4078
develop a composite performance index score, as defined in section	4079
3302.01 of the Revised Code, that measures the academic	4080
performance of students enrolled in community schools sponsored by	4081
the same entity.	4082

(2) In calculating an entity's composite performance index	4083
score, the department shall exclude all of the following:	4084

(a) All community schools that have been in operation for	4085
less than two full school years;	4086

(b) All community schools described in division (A)(3) of	4087
section 3314.35 of the Revised Code, but the department shall	4088
cease to exclude the schools described in division (A)(3)(a) of	4089
that section if those schools become subject to closure under	4090
division (D) of that section.	4091

(3) The department annually shall rank all entities that	4092
sponsor community schools from highest to lowest according to the	4093
entities' composite performance index scores and shall publish the	4094
rankings between the first day of October and the fifteenth day of	4095
October.	4096

(C) If the governing authority of a community school enters	4097
into a contract with a sponsor prior to the date on which the	4098
sponsor is prohibited from sponsoring additional schools under	4099
division (A) of this section and the school has not opened for	4100
operation as of that date, that contract shall be void and the	4101
school shall not open until the governing authority secures a new	4102
sponsor by entering into a contract with the new sponsor under	4103
section 3314.03 of the Revised Code.	4104

(D)(1) The office of Ohio school sponsorship established	4105
under section 3314.029 of the Revised Code shall be rated using	4106
the evaluation system prescribed by division (B) of this section,	4107
but divisions (A) and (C) of this section do not apply to the	4108
office.	4109

(2) Not later than July 1, 2016, and not later than the first	4110
day of July every fifth year thereafter, the evaluation panel	4111
created under division (D)(3) of this section shall rate the	4112
office of Ohio school sponsorship using the evaluation system	4113
under division (B) of this section.	4114

(3) The panel that rates the office of Ohio school	4115
sponsorship shall consist of one representative each from the	4116
following organizations:	4117

(a) A statewide nonprofit organization whose membership is	4118
composed solely of entities that sponsor community schools and	4119
whose members sponsor the majority of start-up community schools	4120
in the state;	4121

(b) An educational service center approved to sponsor	4122
community schools statewide;	4123

(c) A school district that sponsors one or more community	4124
schools that is not a municipal school district;	4125

(d) A qualified tax-exempt entity under section 501(c)(3) of	4126
the Internal Revenue Code approved to sponsor community schools;	4127

(e) Any municipal school district transformation alliance	4128
established under section 3311.86 of the Revised Code.	4129

For the initial appointments to the panel, the organizations	4130
described in divisions (D)(3)(a) and (e) jointly shall solicit	4131
applications from their members to be appointed to the panel not	4132
later than November 1, 2014, and appoint members to the panel not	4133
later than December 31, 2014.	4134

Vacancies shall be filled in the manner of the original	4135
appointments.	4136

Sec. 3314.02. (A) As used in this chapter:

4137

(1) "Sponsor" means the board of education of a school	4138
district or the governing board of an educational service center	4139
that agrees to the conversion of all or part of a school or	4140
building under division (B) of this section, or an entity listed	4141
in division (C)(1) of this section, which either has been approved	4142
by the department of education to sponsor community schools or is	4143
exempted by section 3314.021 or 3314.027 of the Revised Code from	4144
obtaining approval, and with which the governing authority of a	4145
community school enters into a contract under section 3314.03 of	4146
the Revised Code.	4147

(2) "Pilot project area" means the school districts included	4148
in the territory of the former community school pilot project	4149
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	4150
the 122nd general assembly.	4151

(3) "Challenged school district" means any of the following:

4152

(a) A school district that is part of the pilot project area;

4153

(b) A school district that meets one of the following	4154
conditions:	4155

(i) On March 22, 2013, the district was in a state of	4156
academic emergency or in a state of academic watch under section	4157
3302.03 of the Revised Code, as that section existed prior to	4158
March 22, 2013;	4159

(ii) For two of the 2012-2013, 2013-2014, and 2014-2015	4160
school years, the district received a grade of "D" or "F" for the	4161
performance index score and a grade of "F" for the value-added	4162
progress dimension under section 3302.03 of the Revised Code;	4163

(iii) For the 2015-2016 school year and for any school year	4164
thereafter, the district has received an overall grade of "D" or	4165
"F" under division (C)(3) of section 3302.03 of the Revised Code,	4166
or, for at least two of the three most recent school years, the	4167
district received a grade of "F" for the value-added progress	4168
dimension under division (C)(1)(e) of that section.	4169

4170

(d) A school district ranked in the lowest five per cent of	4171
school districts according to performance index score under	4172
section 3302.21 of the Revised Code.	4173

(4) "Big eight school district" means a school district that	4174
for fiscal year 1997 had both of the following:	4175

(a) A percentage of children residing in the district and	4176
participating in the predecessor of Ohio works first greater than	4177
thirty per cent, as reported pursuant to section 3317.10 of the	4178
Revised Code;	4179

(b) An average daily membership greater than twelve thousand,	4180
as reported pursuant to former division (A) of section 3317.03 of	4181
the Revised Code.	4182

(5) "New start-up school" means a community school other than	4183
one created by converting all or part of an existing public school	4184
or educational service center building, as designated in the	4185
school's contract pursuant to division (A)(17) of section 3314.03	4186
of the Revised Code.	4187

(6) "Urban school district" means one of the state's	4188
twenty-one urban school districts as defined in division (O) of	4189
section 3317.02 of the Revised Code as that section existed prior	4190
to July 1, 1998.	4191

(7) "Internet- or computer-based community school" means a	4192
community school established under this chapter in which the	4193
enrolled students work primarily from their residences on	4194
assignments in nonclassroom-based learning opportunities provided	4195
via an internet- or other computer-based instructional method that	4196
does not rely on regular classroom instruction or via	4197
comprehensive instructional methods that include internet-based,	4198
other computer-based, and noncomputer-based learning	4199
opportunities.	4200

(8) "Operator" means either of the following:

4201

(a) An individual or organization that manages the daily	4202
operations of a community school pursuant to a contract between	4203
the operator and the school's governing authority;	4204

(b) A nonprofit organization that provides programmatic	4205
oversight and support to a community school under a contract with	4206
the school's governing authority and that retains the right to	4207
terminate its affiliation with the school if the school fails to	4208
meet the organization's quality standards.	4209

(B)(1) Any person or group of individuals may initially	4210
propose under this division the conversion of all or a portion of	4211
a public school ~~or a building operated by an educational service~~	4212
~~center~~ to a community school. The proposal shall be made to the	4213
board of education of the city, local, exempted village, or joint	4214
vocational school district in which the public school is proposed	4215
to be converted ~~or, in the case of the conversion of a building~~	4216
~~operated by an educational service center, to the governing board~~	4217
~~of the service center. Upon~~.	4218

(2) Any person or group of individuals may initially propose	4219
under this division the conversion of all or a portion of a	4220
building operated by an educational service center to a community	4221
school. The proposal shall be made to the governing board of the	4222
service center.	4223

A service center that proposes the establishment of a	4224
conversion community school located in a county within the	4225
territory of the service center or in a county contiguous to such	4226
county is exempt from approval from the department of education	4227
and from the agreement required under division (B)(1) of section	4228
3314.015 of the Revised Code.	4229

However, a service center that proposes the establishment of	4230
a conversion community school located in a county outside of the	4231
territory of the service center or a county contiguous to such	4232
county shall be subject to approval from the department of	4233
education and from the agreement required under that section.	4234

Division (B)(2) of this section does not apply to an	4235
educational service center that sponsors community schools and	4236
that is exempted under section 3314.021 or 3314.027 of the Revised	4237
Code from the requirement to be approved for sponsorship under	4238
divisions (A)(2) and (B)(1) of section 3314.015 of the Revised	4239
Code.	4240

(3) Upon receipt of a proposal, a board may enter into a	4241
preliminary agreement with the person or group proposing the	4242
conversion of the public school or service center building,	4243
indicating the intention of the board to support the conversion to	4244
a community school. A proposing person or group that has a	4245
preliminary agreement under this division may proceed to finalize	4246
plans for the school, establish a governing authority for the	4247
school, and negotiate a contract with the board. Provided the	4248
proposing person or group adheres to the preliminary agreement and	4249
all provisions of this chapter, the board shall negotiate in good	4250
faith to enter into a contract in accordance with section 3314.03	4251
of the Revised Code and division (C) of this section.	4252

(C)(1) Any person or group of individuals may propose under	4253
this division the establishment of a new start-up school to be	4254
located in a challenged school district. The proposal may be made	4255
to any of the following entities:	4256

(a) The board of education of the district in which the	4257
school is proposed to be located;	4258

(b) The board of education of any joint vocational school	4259
district with territory in the county in which is located the	4260
majority of the territory of the district in which the school is	4261
proposed to be located;	4262

(c) The board of education of any other city, local, or	4263
exempted village school district having territory in the same	4264
county where the district in which the school is proposed to be	4265
located has the major portion of its territory;	4266

(d) The governing board of any educational service center, as	4267
~~long as the proposed school will be located in a county within the~~	4268
~~territory of the service center or in a county contiguous to such~~	4269
~~county. However, the governing board of an educational service~~	4270
~~center~~regardless of the location of the proposed school, may	4271
sponsor a new start-up school in any challenged school district in	4272
the state if ~~all~~both of the following are satisfied:	4273

(i) ~~If applicable, it satisfies the requirements of division~~	4274
~~(E) of section 3311.86 of the Revised Code;~~	4275

~~(ii)~~ It is approved to do so by the department;

4276

~~(iii)~~(ii) It enters into an agreement with the department	4277
under section 3314.015 of the Revised Code.	4278

(e) A sponsoring authority designated by the board of	4279
trustees of any of the thirteen state universities listed in	4280
section 3345.011 of the Revised Code or the board of trustees	4281
itself as long as a mission of the proposed school to be specified	4282
in the contract under division (A)(2) of section 3314.03 of the	4283
Revised Code and as approved by the department under division	4284
(B)(2) of section 3314.015 of the Revised Code will be the	4285
practical demonstration of teaching methods, educational	4286
technology, or other teaching practices that are included in the	4287
curriculum of the university's teacher preparation program	4288
approved by the state board of education;	4289

(f) Any qualified tax-exempt entity under section 501(c)(3)	4290
of the Internal Revenue Code as long as all of the following	4291
conditions are satisfied:	4292

(i) The entity has been in operation for at least five years	4293
prior to applying to be a community school sponsor.	4294

(ii) The entity has assets of at least five hundred thousand	4295
dollars and a demonstrated record of financial responsibility.	4296

(iii) The department has determined that the entity is an	4297
education-oriented entity under division (B)(3) of section	4298
3314.015 of the Revised Code and the entity has a demonstrated	4299
record of successful implementation of educational programs.	4300

(iv) The entity is not a community school.

4301

(g) The mayor of a city in which the majority of the	4302
territory of a school district to which section 3311.60 of the	4303
Revised Code applies is located, regardless of whether that	4304
district has created the position of independent auditor as	4305
prescribed by that section. The mayor's sponsorship authority	4306
under this division is limited to community schools that are	4307
located in that school district. Such mayor may sponsor community	4308
schools only with the approval of the city council of that city,	4309
after establishing standards with which community schools	4310
sponsored by the mayor must comply, and after entering into a	4311
sponsor agreement with the department as prescribed under section	4312
3314.015 of the Revised Code. The mayor shall establish the	4313
standards for community schools sponsored by the mayor not later	4314
than one hundred eighty days after ~~the effective date of this~~	4315
~~amendment~~July 15, 2013, and shall submit them to the department	4316
upon their establishment. The department shall approve the mayor	4317
to sponsor community schools in the district, upon receipt of an	4318
application by the mayor to do so. Not later than ninety days	4319
after the department's approval of the mayor as a community school	4320
sponsor, the department shall enter into the sponsor agreement	4321
with the mayor.	4322

Any entity described in division (C)(1) of this section may	4323
enter into a preliminary agreement pursuant to division (C)(2) of	4324
this section with the proposing person or group.	4325

(2) A preliminary agreement indicates the intention of an	4326
entity described in division (C)(1) of this section to sponsor the	4327
community school. A proposing person or group that has such a	4328
preliminary agreement may proceed to finalize plans for the	4329
school, establish a governing authority as described in division	4330
(E) of this section for the school, and negotiate a contract with	4331
the entity. Provided the proposing person or group adheres to the	4332
preliminary agreement and all provisions of this chapter, the	4333
entity shall negotiate in good faith to enter into a contract in	4334
accordance with section 3314.03 of the Revised Code.	4335

(3) A new start-up school that is established in a school	4336
district described in either division (A)(3)(b) or (d) of this	4337
section may continue in existence once the school district no	4338
longer meets the conditions described in either division, provided	4339
there is a valid contract between the school and a sponsor.	4340

(4) A copy of every preliminary agreement entered into under	4341
this division shall be filed with the superintendent of public	4342
instruction.	4343

(D) A majority vote of the board of a sponsoring entity and a	4344
majority vote of the members of the governing authority of a	4345
community school shall be required to adopt a contract and convert	4346
the public school or educational service center building to a	4347
community school or establish the new start-up school. Beginning	4348
September 29, 2005, adoption of the contract shall occur not later	4349
than the fifteenth day of March, and signing of the contract shall	4350
occur not later than the fifteenth day of May, prior to the school	4351
year in which the school will open. The governing authority shall	4352
notify the department of education when the contract has been	4353
signed. Subject to sections 3314.013 and 3314.016 of the Revised	4354
Code, an unlimited number of community schools may be established	4355
in any school district provided that a contract is entered into	4356
for each community school pursuant to this chapter.	4357

(E)(1) As used in this division, "immediate relatives" are	4358
limited to spouses, children, parents, grandparents, siblings, and	4359
in-laws.	4360

Each new start-up community school established under this	4361
chapter shall be under the direction of a governing authority	4362
which shall consist of a board of not less than five individuals.	4363

No person shall serve on the governing authority or operate	4364
the community school under contract with the governing authority	4365
so long as the person owes the state any money or is in a dispute	4366
over whether the person owes the state any money concerning the	4367
operation of a community school that has closed.	4368

(2) No person shall serve on the governing authorities of	4369
more than five start-up community schools at the same time.	4370

(3) No present or former member, or immediate relative of a	4371
present or former member, of the governing authority of any	4372
community school established under this chapter shall be an owner,	4373
employee, or consultant of any sponsor or operator of a community	4374
school, unless at least one year has elapsed since the conclusion	4375
of the person's membership.	4376

(4) The governing authority of a start-up community school	4377
may provide by resolution for the compensation of its members.	4378
However, no individual who serves on the governing authority of a	4379
start-up community school shall be compensated more than four	4380
hundred twenty-five dollars per meeting of that governing	4381
authority and no such individual shall be compensated more than a	4382
total amount of five thousand dollars per year for all governing	4383
authorities upon which the individual serves.	4384

(F)(1) A new start-up school that is established prior to	4385
August 15, 2003, in an urban school district that is not also a	4386
big-eight school district may continue to operate after that date	4387
and the contract between the school's governing authority and the	4388
school's sponsor may be renewed, as provided under this chapter,	4389
after that date, but no additional new start-up schools may be	4390
established in such a district unless the district is a challenged	4391
school district as defined in this section as it exists on and	4392
after that date.	4393

(2) A community school that was established prior to June 29,	4394
1999, and is located in a county contiguous to the pilot project	4395
area and in a school district that is not a challenged school	4396
district may continue to operate after that date, provided the	4397
school complies with all provisions of this chapter. The contract	4398
between the school's governing authority and the school's sponsor	4399
may be renewed, but no additional start-up community school may be	4400
established in that district unless the district is a challenged	4401
school district.	4402

(3) Any educational service center that, on June 30, 2007,	4403
sponsors a community school that is not located in a county within	4404
the territory of the service center or in a county contiguous to	4405
such county may continue to sponsor that community school on and	4406
after June 30, 2007, and may renew its contract with the school.	4407
However, the educational service center shall not enter into a	4408
contract with any additional community school, unless the school	4409
is located in a county within the territory of the service center	4410
or in a county contiguous to such county, or unless the governing	4411
board of the service center has entered into an agreement with the	4412
department authorizing the service center to sponsor a community	4413
school in any challenged school district in the state.	4414

Sec. 3314.03. A copy of every contract entered into under	4415
this section shall be filed with the superintendent of public	4416
instruction. The department of education shall make available on	4417
its web site a copy of every approved, executed contract filed	4418
with the superintendent under this section.	4419

(A) Each contract entered into between a sponsor and the	4420
governing authority of a community school shall specify the	4421
following:	4422

(1) That the school shall be established as either of the	4423
following:	4424

(a) A nonprofit corporation established under Chapter 1702.	4425
of the Revised Code, if established prior to April 8, 2003;	4426

(b) A public benefit corporation established under Chapter	4427
1702. of the Revised Code, if established after April 8, 2003.	4428

(2) The education program of the school, including the	4429
school's mission, the characteristics of the students the school	4430
is expected to attract, the ages and grades of students, and the	4431
focus of the curriculum;	4432

(3) The academic goals to be achieved and the method of	4433
measurement that will be used to determine progress toward those	4434
goals, which shall include the statewide achievement assessments;	4435

(4) Performance standards by which the success of the school	4436
will be evaluated by the sponsor;	4437

(5) The admission standards of section 3314.06 of the Revised	4438
Code and, if applicable, section 3314.061 of the Revised Code;	4439

(6)(a) Dismissal procedures;

4440

(b) A requirement that the governing authority adopt an	4441
attendance policy that includes a procedure for automatically	4442
withdrawing a student from the school if the student without a	4443
legitimate excuse fails to participate in one hundred five	4444
consecutive hours of the learning opportunities offered to the	4445
student.	4446

(7) The ways by which the school will achieve racial and	4447
ethnic balance reflective of the community it serves;	4448

(8) Requirements for financial audits by the auditor of	4449
state. The contract shall require financial records of the school	4450
to be maintained in the same manner as are financial records of	4451
school districts, pursuant to rules of the auditor of state.	4452
Audits shall be conducted in accordance with section 117.10 of the	4453
Revised Code.	4454

(9) The facilities to be used and their locations;

4455

(10) Qualifications of teachers, including a requirement that	4456
the school's classroom teachers be licensed in accordance with	4457
sections 3319.22 to 3319.31 of the Revised Code, except that a	4458
community school may engage noncertificated persons to teach up to	4459
twelve hours per week pursuant to section 3319.301 of the Revised	4460
Code.	4461

(11) That the school will comply with the following	4462
requirements:	4463

(a) The school will provide learning opportunities to a	4464
minimum of twenty-five students for a minimum of nine hundred	4465
twenty hours per school year.	4466

(b) The governing authority will purchase liability	4467
insurance, or otherwise provide for the potential liability of the	4468
school.	4469

(c) The school will be nonsectarian in its programs,	4470
admission policies, employment practices, and all other	4471
operations, and will not be operated by a sectarian school or	4472
religious institution.	4473

(d) The school will comply with sections 9.90, 9.91, 109.65,	4474
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	4475
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	4476
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	4477
3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661,	4478
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672,	4479
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,	4480
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,	4481
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	4482
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	4483
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	4484
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it	4485
were a school district and will comply with section 3301.0714 of	4486
the Revised Code in the manner specified in section 3314.17 of the	4487
Revised Code.	4488

(e) The school shall comply with Chapter 102. and section	4489
2921.42 of the Revised Code.	4490

(f) The school will comply with sections 3313.61, 3313.611,	4491
and 3313.614 of the Revised Code, except that for students who	4492
enter ninth grade for the first time before July 1, 2010, the	4493
requirement in sections 3313.61 and 3313.611 of the Revised Code	4494
that a person must successfully complete the curriculum in any	4495
high school prior to receiving a high school diploma may be met by	4496
completing the curriculum adopted by the governing authority of	4497
the community school rather than the curriculum specified in Title	4498
XXXIII of the Revised Code or any rules of the state board of	4499
education. Beginning with students who enter ninth grade for the	4500
first time on or after July 1, 2010, the requirement in sections	4501
3313.61 and 3313.611 of the Revised Code that a person must	4502
successfully complete the curriculum of a high school prior to	4503
receiving a high school diploma shall be met by completing the	4504
Ohio core curriculum prescribed in division (C) of section	4505
3313.603 of the Revised Code, unless the person qualifies under	4506
division (D) or (F) of that section. Each school shall comply with	4507
the plan for awarding high school credit based on demonstration of	4508
subject area competency, adopted by the state board of education	4509
under division (J) of section 3313.603 of the Revised Code.	4510

(g) The school governing authority will submit within four	4511
months after the end of each school year a report of its	4512
activities and progress in meeting the goals and standards of	4513
divisions (A)(3) and (4) of this section and its financial status	4514
to the sponsor and the parents of all students enrolled in the	4515
school.	4516

(h) The school, unless it is an internet- or computer-based	4517
community school, will comply with section 3313.801 of the Revised	4518
Code as if it were a school district.	4519

(i) If the school is the recipient of moneys from a grant	4520
awarded under the federal race to the top program, Division (A),	4521
Title XIV, Sections 14005 and 14006 of the "American Recovery and	4522
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	4523
school will pay teachers based upon performance in accordance with	4524
section 3317.141 and will comply with section 3319.111 of the	4525
Revised Code as if it were a school district.	4526

(12) Arrangements for providing health and other benefits to	4527
employees;	4528

(13) The length of the contract, which shall begin at the	4529
beginning of an academic year. No contract shall exceed five years	4530
unless such contract has been renewed pursuant to division (E) of	4531
this section.	4532

(14) The governing authority of the school, which shall be	4533
responsible for carrying out the provisions of the contract;	4534

(15) A financial plan detailing an estimated school budget	4535
for each year of the period of the contract and specifying the	4536
total estimated per pupil expenditure amount for each such year.	4537

(16) Requirements and procedures regarding the disposition of	4538
employees of the school in the event the contract is terminated or	4539
not renewed pursuant to section 3314.07 of the Revised Code;	4540

(17) Whether the school is to be created by converting all or	4541
part of an existing public school or educational service center	4542
building or is to be a new start-up school, and if it is a	4543
converted public school or service center building, specification	4544
of any duties or responsibilities of an employer that the board of	4545
education or service center governing board that operated the	4546
school or building before conversion is delegating to the	4547
governing authority of the community school with respect to all or	4548
any specified group of employees provided the delegation is not	4549
prohibited by a collective bargaining agreement applicable to such	4550
employees;	4551

(18) Provisions establishing procedures for resolving	4552
disputes or differences of opinion between the sponsor and the	4553
governing authority of the community school;	4554

(19) A provision requiring the governing authority to adopt a	4555
policy regarding the admission of students who reside outside the	4556
district in which the school is located. That policy shall comply	4557
with the admissions procedures specified in sections 3314.06 and	4558
3314.061 of the Revised Code and, at the sole discretion of the	4559
authority, shall do one of the following:	4560

(a) Prohibit the enrollment of students who reside outside	4561
the district in which the school is located;	4562

(b) Permit the enrollment of students who reside in districts	4563
adjacent to the district in which the school is located;	4564

(c) Permit the enrollment of students who reside in any other	4565
district in the state.	4566

(20) A provision recognizing the authority of the department	4567
of education to take over the sponsorship of the school in	4568
accordance with the provisions of division (C) of section 3314.015	4569
of the Revised Code;	4570

(21) A provision recognizing the sponsor's authority to	4571
assume the operation of a school under the conditions specified in	4572
division (B) of section 3314.073 of the Revised Code;	4573

(22) A provision recognizing both of the following:

4574

(a) The authority of public health and safety officials to	4575
inspect the facilities of the school and to order the facilities	4576
closed if those officials find that the facilities are not in	4577
compliance with health and safety laws and regulations;	4578

(b) The authority of the department of education as the	4579
community school oversight body to suspend the operation of the	4580
school under section 3314.072 of the Revised Code if the	4581
department has evidence of conditions or violations of law at the	4582
school that pose an imminent danger to the health and safety of	4583
the school's students and employees and the sponsor refuses to	4584
take such action.	4585

(23) A description of the learning opportunities that will be	4586
offered to students including both classroom-based and	4587
non-classroom-based learning opportunities that is in compliance	4588
with criteria for student participation established by the	4589
department under division (H)(2) of section 3314.08 of the Revised	4590
Code;	4591

(24) The school will comply with sections 3302.04 and	4592
3302.041 of the Revised Code, except that any action required to	4593
be taken by a school district pursuant to those sections shall be	4594
taken by the sponsor of the school. However, the sponsor shall not	4595
be required to take any action described in division (F) of	4596
section 3302.04 of the Revised Code.	4597

(25) Beginning in the 2006-2007 school year, the school will	4598
open for operation not later than the thirtieth day of September	4599
each school year, unless the mission of the school as specified	4600
under division (A)(2) of this section is solely to serve dropouts.	4601
In its initial year of operation, if the school fails to open by	4602
the thirtieth day of September, or within one year after the	4603
adoption of the contract pursuant to division (D) of section	4604
3314.02 of the Revised Code if the mission of the school is solely	4605
to serve dropouts, the contract shall be void.	4606

(B) The community school shall also submit to the sponsor a	4607
comprehensive plan for the school. The plan shall specify the	4608
following:	4609

(1) The process by which the governing authority of the	4610
school will be selected in the future;	4611

(2) The management and administration of the school;

4612

(3) If the community school is a currently existing public	4613
school or educational service center building, alternative	4614
arrangements for current public school students who choose not to	4615
attend the converted school and for teachers who choose not to	4616
teach in the school or building after conversion;	4617

(4) The instructional program and educational philosophy of	4618
the school;	4619

(5) Internal financial controls.

4620

(C) A contract entered into under section 3314.02 of the	4621
Revised Code between a sponsor and the governing authority of a	4622
community school may provide for the community school governing	4623
authority to make payments to the sponsor, which is hereby	4624
authorized to receive such payments as set forth in the contract	4625
between the governing authority and the sponsor. The total amount	4626
of such payments for oversight and monitoring of the school shall	4627
not exceed three per cent of the total amount of payments for	4628
operating expenses that the school receives from the state.	4629

(D) The contract shall specify the duties of the sponsor	4630
which shall be in accordance with the written agreement entered	4631
into with the department of education under division (B) of	4632
section 3314.015 of the Revised Code and shall include the	4633
following:	4634

(1) Monitor the community school's compliance with all laws	4635
applicable to the school and with the terms of the contract;	4636

(2) Monitor and evaluate the academic and fiscal performance	4637
and the organization and operation of the community school on at	4638
least an annual basis;	4639

(3) Report on an annual basis the results of the evaluation	4640
conducted under division (D)(2) of this section to the department	4641
of education and to the parents of students enrolled in the	4642
community school;	4643

(4) Provide technical assistance to the community school in	4644
complying with laws applicable to the school and terms of the	4645
contract;	4646

(5) Take steps to intervene in the school's operation to	4647
correct problems in the school's overall performance, declare the	4648
school to be on probationary status pursuant to section 3314.073	4649
of the Revised Code, suspend the operation of the school pursuant	4650
to section 3314.072 of the Revised Code, or terminate the contract	4651
of the school pursuant to section 3314.07 of the Revised Code as	4652
determined necessary by the sponsor;	4653

(6) Have in place a plan of action to be undertaken in the	4654
event the community school experiences financial difficulties or	4655
closes prior to the end of a school year.	4656

(E) Upon the expiration of a contract entered into under this	4657
section, the sponsor of a community school may, with the approval	4658
of the governing authority of the school, renew that contract for	4659
a period of time determined by the sponsor, but not ending earlier	4660
than the end of any school year, if the sponsor finds that the	4661
school's compliance with applicable laws and terms of the contract	4662
and the school's progress in meeting the academic goals prescribed	4663
in the contract have been satisfactory. Any contract that is	4664
renewed under this division remains subject to the provisions of	4665
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	4666

(F) If a community school fails to open for operation within	4667
one year after the contract entered into under this section is	4668
adopted pursuant to division (D) of section 3314.02 of the Revised	4669
Code or permanently closes prior to the expiration of the	4670
contract, the contract shall be void and the school shall not	4671
enter into a contract with any other sponsor. A school shall not	4672
be considered permanently closed because the operations of the	4673
school have been suspended pursuant to section 3314.072 of the	4674
Revised Code.	4675

Sec. 3314.08. (A) As used in this section:

4676

(1)(a) "Category one career-technical education student"	4677
means a student who is receiving the career-technical education	4678
services described in division (A) of section 3317.014 of the	4679
Revised Code.	4680

(b) "Category two career-technical student" means a student	4681
who is receiving the career-technical education services described	4682
in division (B) of section 3317.014 of the Revised Code.	4683

(c) "Category three career-technical student" means a student	4684
who is receiving the career-technical education services described	4685
in division (C) of section 3317.014 of the Revised Code.	4686

(d) "Category four career-technical student" means a student	4687
who is receiving the career-technical education services described	4688
in division (D) of section 3317.014 of the Revised Code.	4689

(e) "Category five career-technical education student" means	4690
a student who is receiving the career-technical education services	4691
described in division (E) of section 3317.014 of the Revised Code.	4692

(2)(a) "Category one limited English proficient student"	4693
means a limited English proficient student described in division	4694
(A) of section 3317.016 of the Revised Code.	4695

(b) "Category two limited English proficient student" means a	4696
limited English proficient student described in division (B) of	4697
section 3317.016 of the Revised Code.	4698

(c) "Category three limited English proficient student" means	4699
a limited English proficient student described in division (C) of	4700
section 3317.016 of the Revised Code.	4701

(3)(a) "Category one special education student" means a	4702
student who is receiving special education services for a	4703
disability specified in division (A) of section 3317.013 of the	4704
Revised Code.	4705

(b) "Category two special education student" means a student	4706
who is receiving special education services for a disability	4707
specified in division (B) of section 3317.013 of the Revised Code.	4708

(c) "Category three special education student" means a	4709
student who is receiving special education services for a	4710
disability specified in division (C) of section 3317.013 of the	4711
Revised Code.	4712

(d) "Category four special education student" means a student	4713
who is receiving special education services for a disability	4714
specified in division (D) of section 3317.013 of the Revised Code.	4715

(e) "Category five special education student" means a student	4716
who is receiving special education services for a disability	4717
specified in division (E) of section 3317.013 of the Revised Code.	4718

(f) "Category six special education student" means a student	4719
who is receiving special education services for a disability	4720
specified in division (F) of section 3317.013 of the Revised Code.	4721

(4) "Formula amount" has the same meaning as in section	4722
3317.02 of the Revised Code.	4723

(5) "IEP" has the same meaning as in section 3323.01 of the	4724
Revised Code.	4725

(6) "Resident district" means the school district in which a	4726
student is entitled to attend school under section 3313.64 or	4727
3313.65 of the Revised Code.	4728

(7) "State education aid" has the same meaning as in section	4729
5751.20 of the Revised Code.	4730

(B) The state board of education shall adopt rules requiring	4731
both of the following:	4732

(1) The board of education of each city, exempted village,	4733
and local school district to annually report the number of	4734
students entitled to attend school in the district who are	4735
enrolled in each grade kindergarten through twelve in a community	4736
school established under this chapter, and for each child, the	4737
community school in which the child is enrolled.	4738

(2) The governing authority of each community school	4739
established under this chapter to annually report all of the	4740
following:	4741

(a) The number of students enrolled in grades one through	4742
twelve and the full-time equivalent number of students enrolled in	4743
kindergarten in the school who are not receiving special education	4744
and related services pursuant to an IEP;	4745

(b) The number of enrolled students in grades one through	4746
twelve and the full-time equivalent number of enrolled students in	4747
kindergarten, who are receiving special education and related	4748
services pursuant to an IEP;	4749

(c) The number of students reported under division (B)(2)(b)	4750
of this section receiving special education and related services	4751
pursuant to an IEP for a disability described in each of divisions	4752
(A) to (F) of section 3317.013 of the Revised Code;	4753

(d) The full-time equivalent number of students reported	4754
under divisions (B)(2)(a) and (b) of this section who are enrolled	4755
in career-technical education programs or classes described in	4756
each of divisions (A) to (E) of section 3317.014 of the Revised	4757
Code that are provided by the community school;	4758

(e) Twenty per cent of the number of students reported under	4759
divisions (B)(2)(a) and (b) of this section who are not reported	4760
under division (B)(2)(d) of this section but who are enrolled in	4761
career-technical education programs or classes described in each	4762
of divisions (A) to (E) of section 3317.014 of the Revised Code at	4763
a joint vocational school district or another district in the	4764
career-technical planning district to which the school is	4765
assigned;	4766

(f) The number of students reported under divisions (B)(2)(a)	4767
and (b) of this section who are category one to three limited	4768
English proficient students described in each of divisions (A) to	4769
(C) of section 3317.016 of the Revised Code;	4770

(g) The number of students reported under divisions (B)(2)(a)	4771
and (b) who are economically disadvantaged, as defined by the	4772
department. A student shall not be categorically excluded from the	4773
number reported under division (B)(2)(g) of this section based on	4774
anything other than family income.	4775

(h) For each student, the city, exempted village, or local	4776
school district in which the student is entitled to attend school	4777
under section 3313.64 or 3313.65 of the Revised Code.	4778

A school district board and a community school governing	4779
authority shall include in their respective reports under division	4780
(B) of this section any child admitted in accordance with division	4781
(A)(2) of section 3321.01 of the Revised Code.	4782

A governing authority of a community school shall not include	4783
in its report under division (B)(2) of this section any student	4784
for whom tuition is charged under division (F) of this section.	4785

(C)(1) Except as provided in division (C)(2) of this section,	4786
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	4787
section, on a full-time equivalency basis, for each student	4788
enrolled in a community school established under this chapter, the	4789
department of education annually shall deduct from the state	4790
education aid of a student's resident district and, if necessary,	4791
from the payment made to the district under sections 321.24 and	4792
323.156 of the Revised Code and pay to the community school the	4793
sum of the following:	4794

(a) An opportunity grant in an amount equal to the formula	4795
amount;	4796

(b) The per pupil amount of targeted assistance funds	4797
calculated under division (A) of section 3317.0217 of the Revised	4798
Code for the student's resident district, as determined by the	4799
department, X 0.25;	4800

(c) Additional state aid for special education and related	4801
services provided under Chapter 3323. of the Revised Code as	4802
follows:	4803

(i) If the student is a category one special education	4804
student, the amount specified in division (A) of section 3317.013	4805
of the Revised Code;	4806

(ii) If the student is a category two special education	4807
student, the amount specified in division (B) of section 3317.013	4808
of the Revised Code;	4809

(iii) If the student is a category three special education	4810
student, the amount specified in division (C) of section 3317.013	4811
of the Revised Code;	4812

(iv) If the student is a category four special education	4813
student, the amount specified in division (D) of section 3317.013	4814
of the Revised Code;	4815

(v) If the student is a category five special education	4816
student, the amount specified in division (E) of section 3317.013	4817
of the Revised Code;	4818

(vi) If the student is a category six special education	4819
student, the amount specified in division (F) of section 3317.013	4820
of the Revised Code.	4821

(d) If the student is in kindergarten through third grade, an	4822
additional amount of $211, in fiscal year 2014, and $290, in	4823
fiscal year 2015;	4824

(e) If the student is economically disadvantaged, an	4825
additional amount equal to the following:	4826

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	4827
(the resident district's economically disadvantaged index)	4828

(f) Limited English proficiency funds as follows:

4829

(i) If the student is a category one limited English	4830
proficient student, the amount specified in division (A) of	4831
section 3317.016 of the Revised Code;	4832

(ii) If the student is a category two limited English	4833
proficient student, the amount specified in division (B) of	4834
section 3317.016 of the Revised Code;	4835

(iii) If the student is a category three limited English	4836
proficient student, the amount specified in division (C) of	4837
section 3317.016 of the Revised Code.	4838

(g) Career-technical education funds as follows:

4839

(i) If the student is a category one career-technical	4840
education student, the amount specified in division (A) of section	4841
3317.014 of the Revised Code;	4842

(ii) If the student is a category two career-technical	4843
education student, the amount specified in division (B) of section	4844
3317.014 of the Revised Code;	4845

(iii) If the student is a category three career-technical	4846
education student, the amount specified in division (C) of section	4847
3317.014 of the Revised Code;	4848

(iv) If the student is a category four career-technical	4849
education student, the amount specified in division (D) of section	4850
3317.014 of the Revised Code;	4851

(v) If the student is a category five career-technical	4852
education student, the amount specified in division (E) of section	4853
3317.014 of the Revised Code.	4854

Deduction and payment of funds under division (C)(1)(g) of	4855
this section is subject to approval by the lead district of a	4856
career-technical planning district or the department of education	4857
under section 3317.161 of the Revised Code.	4858

(2) When deducting from the state education aid of a	4859
student's resident district for students enrolled in an internet-	4860
or computer-based community school and making payments to such	4861
school under this section, the department shall make the	4862
deductions and payments described in only divisions (C)(1)(a),	4863
(c), and (g) of this section.	4864

No deductions or payments shall be made for a student	4865
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	4866
of this section.	4867

(3)(a) If a community school's costs for a fiscal year for a	4868
student receiving special education and related services pursuant	4869
to an IEP for a disability described in divisions (B) to (F) of	4870
section 3317.013 of the Revised Code exceed the threshold	4871
catastrophic cost for serving the student as specified in division	4872
(B) of section 3317.0214 of the Revised Code, the school may	4873
submit to the superintendent of public instruction documentation,	4874
as prescribed by the superintendent, of all its costs for that	4875
student. Upon submission of documentation for a student of the	4876
type and in the manner prescribed, the department shall pay to the	4877
community school an amount equal to the school's costs for the	4878
student in excess of the threshold catastrophic costs.	4879

(b) The community school shall report under division	4880
(C)(3)(a) of this section, and the department shall pay for, only	4881
the costs of educational expenses and the related services	4882
provided to the student in accordance with the student's	4883
individualized education program. Any legal fees, court costs, or	4884
other costs associated with any cause of action relating to the	4885
student may not be included in the amount.	4886

(4) In any fiscal year, a community school receiving funds	4887
under division (C)(1)(g) of this section shall spend those funds	4888
only for the purposes that the department designates as approved	4889
for career-technical education expenses. Career-technical	4890
~~educational~~education expenses approved by the department shall	4891
include only expenses connected to the delivery of	4892
career-technical programming to career-technical students. The	4893
department shall require the school to report data annually so	4894
that the department may monitor the school's compliance with the	4895
requirements regarding the manner in which funding received under	4896
division (C)(1)(g) of this section may be spent.	4897

(5) All funds received under division (C)(1)(g) of this	4898
section shall be spent in the following manner:	4899

(a) At least seventy-five per cent of the funds shall be	4900
spent on curriculum development, purchase, and implementation;	4901
instructional resources and supplies; industry-based program	4902
certification; student assessment, credentialing, and placement;	4903
curriculum specific equipment purchases and leases;	4904
career-technical student organization fees and expenses; home and	4905
agency linkages; work-based learning experiences; professional	4906
development; and other costs directly associated with	4907
career-technical education programs including development of new	4908
programs.	4909

(b) Not more than twenty-five per cent of the funds shall be	4910
used for personnel expenditures.	4911

(6) A community school shall spend the funds it receives	4912
under division (C)(1)(e) of this section in accordance with	4913
section 3317.25 of the Revised Code.	4914

(7) If the sum of the payments computed under division (C)(1)	4915
of this section for the students entitled to attend school in a	4916
particular school district under sections 3313.64 and 3313.65 of	4917
the Revised Code exceeds the sum of that district's state	4918
education aid and its payment under sections 321.24 and 323.156 of	4919
the Revised Code, the department shall calculate and apply a	4920
proration factor to the payments to all community schools under	4921
that division for the students entitled to attend school in that	4922
district.	4923

(D) A board of education sponsoring a community school may	4924
utilize local funds to make enhancement grants to the school or	4925
may agree, either as part of the contract or separately, to	4926
provide any specific services to the community school at no cost	4927
to the school.	4928

(E) A community school may not levy taxes or issue bonds	4929
secured by tax revenues.	4930

(F) No community school shall charge tuition for the	4931
enrollment of any student who is a resident of this state. A	4932
community school may charge tuition for the enrollment of any	4933
student who is not a resident of this state.	4934

(G)(1)(a) A community school may borrow money to pay any	4935
necessary and actual expenses of the school in anticipation of the	4936
receipt of any portion of the payments to be received by the	4937
school pursuant to division (C) of this section. The school may	4938
issue notes to evidence such borrowing. The proceeds of the notes	4939
shall be used only for the purposes for which the anticipated	4940
receipts may be lawfully expended by the school.	4941

(b) A school may also borrow money for a term not to exceed	4942
fifteen years for the purpose of acquiring facilities.	4943

(2) Except for any amount guaranteed under section 3318.50 of	4944
the Revised Code, the state is not liable for debt incurred by the	4945
governing authority of a community school.	4946

(H) The department of education shall adjust the amounts	4947
subtracted and paid under division (C) of this section to reflect	4948
any enrollment of students in community schools for less than the	4949
equivalent of a full school year. The state board of education	4950
within ninety days after April 8, 2003, shall adopt in accordance	4951
with Chapter 119. of the Revised Code rules governing the payments	4952
to community schools under this section including initial payments	4953
in a school year and adjustments and reductions made in subsequent	4954
periodic payments to community schools and corresponding	4955
deductions from school district accounts as provided under	4956
division (C) of this section. For purposes of this section:	4957

(1) A student shall be considered enrolled in the community	4958
school for any portion of the school year the student is	4959
participating at a college under Chapter 3365. of the Revised	4960
Code.	4961

(2) A student shall be considered to be enrolled in a	4962
community school for the period of time beginning on the later of	4963
the date on which the school both has received documentation of	4964
the student's enrollment from a parent and the student has	4965
commenced participation in learning opportunities as defined in	4966
the contract with the sponsor, or thirty days prior to the date on	4967
which the student is entered into the education management	4968
information system established under section 3301.0714 of the	4969
Revised Code. For purposes of applying this division and divisions	4970
(H)(3) and (4) of this section to a community school student,	4971
"learning opportunities" shall be defined in the contract, which	4972
shall describe both classroom-based and non-classroom-based	4973
learning opportunities and shall be in compliance with criteria	4974
and documentation requirements for student participation which	4975
shall be established by the department. Any student's instruction	4976
time in non-classroom-based learning opportunities shall be	4977
certified by an employee of the community school. A student's	4978
enrollment shall be considered to cease on the date on which any	4979
of the following occur:	4980

(a) The community school receives documentation from a parent	4981
terminating enrollment of the student.	4982

(b) The community school is provided documentation of a	4983
student's enrollment in another public or private school.	4984

(c) The community school ceases to offer learning	4985
opportunities to the student pursuant to the terms of the contract	4986
with the sponsor or the operation of any provision of this	4987
chapter.	4988

Except as otherwise specified in this paragraph, beginning in	4989
the 2011-2012 school year, any student who completed the prior	4990
school year in an internet- or computer-based community school	4991
shall be considered to be enrolled in the same school in the	4992
subsequent school year until the student's enrollment has ceased	4993
as specified in division (H)(2) of this section. The department	4994
shall continue subtracting and paying amounts for the student	4995
under division (C) of this section without interruption at the	4996
start of the subsequent school year. However, if the student	4997
without a legitimate excuse fails to participate in the first one	4998
hundred five consecutive hours of learning opportunities offered	4999
to the student in that subsequent school year, the student shall	5000
be considered not to have re-enrolled in the school for that	5001
school year and the department shall recalculate the payments to	5002
the school for that school year to account for the fact that the	5003
student is not enrolled.	5004

(3) The department shall determine each community school	5005
student's percentage of full-time equivalency based on the	5006
percentage of learning opportunities offered by the community	5007
school to that student, reported either as number of hours or	5008
number of days, is of the total learning opportunities offered by	5009
the community school to a student who attends for the school's	5010
entire school year. However, no internet- or computer-based	5011
community school shall be credited for any time a student spends	5012
participating in learning opportunities beyond ten hours within	5013
any period of twenty-four consecutive hours. Whether it reports	5014
hours or days of learning opportunities, each community school	5015
shall offer not less than nine hundred twenty hours of learning	5016
opportunities during the school year.	5017

(4) With respect to the calculation of full-time equivalency	5018
under division (H)(3) of this section, the department shall waive	5019
the number of hours or days of learning opportunities not offered	5020
to a student because the community school was closed during the	5021
school year due to disease epidemic, hazardous weather conditions,	5022
law enforcement emergencies, inoperability of school buses or	5023
other equipment necessary to the school's operation, damage to a	5024
school building, or other temporary circumstances due to utility	5025
failure rendering the school building unfit for school use, so	5026
long as the school was actually open for instruction with students	5027
in attendance during that school year for not less than the	5028
minimum number of hours required by this chapter. The department	5029
shall treat the school as if it were open for instruction with	5030
students in attendance during the hours or days waived under this	5031
division.	5032

(I) The department of education shall reduce the amounts paid	5033
under this section to reflect payments made to colleges under	5034
~~division (B) of~~ section 3365.07 of the Revised Code ~~or through~~	5035
~~alternative funding agreements entered into under rules adopted~~	5036
~~under section 3365.12 of the Revised Code~~.	5037

(J)(1) No student shall be considered enrolled in any	5038
internet- or computer-based community school or, if applicable to	5039
the student, in any community school that is required to provide	5040
the student with a computer pursuant to division (C) of section	5041
3314.22 of the Revised Code, unless both of the following	5042
conditions are satisfied:	5043

(a) The student possesses or has been provided with all	5044
required hardware and software materials and all such materials	5045
are operational so that the student is capable of fully	5046
participating in the learning opportunities specified in the	5047
contract between the school and the school's sponsor as required	5048
by division (A)(23) of section 3314.03 of the Revised Code;	5049

(b) The school is in compliance with division (A) of section	5050
3314.22 of the Revised Code, relative to such student.	5051

(2) In accordance with policies adopted jointly by the	5052
superintendent of public instruction and the auditor of state, the	5053
department shall reduce the amounts otherwise payable under	5054
division (C) of this section to any community school that includes	5055
in its program the provision of computer hardware and software	5056
materials to any student, if such hardware and software materials	5057
have not been delivered, installed, and activated for each such	5058
student in a timely manner or other educational materials or	5059
services have not been provided according to the contract between	5060
the individual community school and its sponsor.	5061

The superintendent of public instruction and the auditor of	5062
state shall jointly establish a method for auditing any community	5063
school to which this division pertains to ensure compliance with	5064
this section.	5065

The superintendent, auditor of state, and the governor shall	5066
jointly make recommendations to the general assembly for	5067
legislative changes that may be required to assure fiscal and	5068
academic accountability for such schools.	5069

(K)(1) If the department determines that a review of a	5070
community school's enrollment is necessary, such review shall be	5071
completed and written notice of the findings shall be provided to	5072
the governing authority of the community school and its sponsor	5073
within ninety days of the end of the community school's fiscal	5074
year, unless extended for a period not to exceed thirty additional	5075
days for one of the following reasons:	5076

(a) The department and the community school mutually agree to	5077
the extension.	5078

(b) Delays in data submission caused by either a community	5079
school or its sponsor.	5080

(2) If the review results in a finding that additional	5081
funding is owed to the school, such payment shall be made within	5082
thirty days of the written notice. If the review results in a	5083
finding that the community school owes moneys to the state, the	5084
following procedure shall apply:	5085

(a) Within ten business days of the receipt of the notice of	5086
findings, the community school may appeal the department's	5087
determination to the state board of education or its designee.	5088

(b) The board or its designee shall conduct an informal	5089
hearing on the matter within thirty days of receipt of such an	5090
appeal and shall issue a decision within fifteen days of the	5091
conclusion of the hearing.	5092

(c) If the board has enlisted a designee to conduct the	5093
hearing, the designee shall certify its decision to the board. The	5094
board may accept the decision of the designee or may reject the	5095
decision of the designee and issue its own decision on the matter.	5096

(d) Any decision made by the board under this division is	5097
final.	5098

(3) If it is decided that the community school owes moneys to	5099
the state, the department shall deduct such amount from the	5100
school's future payments in accordance with guidelines issued by	5101
the superintendent of public instruction.	5102

(L) The department shall not subtract from a school	5103
district's state aid account and shall not pay to a community	5104
school under division (C) of this section any amount for any of	5105
the following:	5106

(1) Any student who has graduated from the twelfth grade of a	5107
public or nonpublic high school;	5108

(2) Any student who is not a resident of the state;

5109

(3) Any student who was enrolled in the community school	5110
during the previous school year when assessments were administered	5111
under section 3301.0711 of the Revised Code but did not take one	5112
or more of the assessments required by that section and was not	5113
excused pursuant to division (C)(1) or (3) of that section, unless	5114
the superintendent of public instruction grants the student a	5115
waiver from the requirement to take the assessment and a parent is	5116
not paying tuition for the student pursuant to section 3314.26 of	5117
the Revised Code. The superintendent may grant a waiver only for	5118
good cause in accordance with rules adopted by the state board of	5119
education.	5120

(4) Any student who has attained the age of twenty-two years,	5121
except for veterans of the armed services whose attendance was	5122
interrupted before completing the recognized twelve-year course of	5123
the public schools by reason of induction or enlistment in the	5124
armed forces and who apply for enrollment in a community school	5125
not later than four years after termination of war or their	5126
honorable discharge. If, however, any such veteran elects to	5127
enroll in special courses organized for veterans for whom tuition	5128
is paid under federal law, or otherwise, the department shall not	5129
subtract from a school district's state aid account and shall not	5130
pay to a community school under division (C) of this section any	5131
amount for that veteran.	5132

Sec. 3314.191. Notwithstanding any provision to the contrary	5133
in the Revised Code, the department of education shall make no	5134
payment under section 3314.08 of the Revised Code to a community	5135
school opening for its first year of operation until the sponsor	5136
of that school confirms all of the following:	5137

(A) The school is in compliance with the provisions described	5138
in divisions (A), (H), (I), and (J)(3) of section 3314.19 of the	5139
Revised Code.	5140

(B) The sponsor has approved the financial controls required	5141
by the comprehensive plan for the school under division (B)(5) of	5142
section 3314.03 of the Revised Code.	5143

(C) The school facilities will be ready and open for use by	5144
the date prescribed in the contract entered into under section	5145
3314.03 of the Revised Code, and the sponsor has reviewed any	5146
lease, purchase agreement, permits required by statute or	5147
contract, and construction plans.	5148

(D) The chief administrator of the community school actively	5149
is managing daily operations at the school.	5150

(E) The projected enrollment reported to the department is	5151
accurate.	5152

Sec. 3314.352. No community school that is permanently closed	5153
under section 3314.35 or 3314.351 of the Revised Code may be	5154
reopened under another name if any of the following conditions are	5155
true:	5156

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

5157

(B) The new school has the same chief administrator as the	5158
closed school.	5159

(C) The governing authority of the new school consists of any	5160
of the same members that served on the governing authority of the	5161
closed school during that school's last year of operation.	5162

(D) Fifty per cent or more of the teaching staff of the new	5163
school consists of the same individuals who were employed as	5164
teachers at the closed school during that school's last year of	5165
operation.	5166

(E) Fifty per cent or more of the administrative staff of the	5167
new school consists of the same individuals who were employed as	5168
administrators at the closed school during that school's last year	5169
of operation.	5170

(F) The performance standards and accountability plan	5171
prescribed by the sponsor contract for the new school, entered	5172
into under section 3314.03 of the Revised Code, are the same as	5173
those for the closed school.	5174

(G) This section does not apply to internet- or	5175
computer-based community schools.	5176

Sec. 3317.03. (A) The superintendent of each city, local,	5177
and exempted village school district shall report to the state	5178
board of education as of the last day of October, March, and June	5179
of each year the enrollment of students receiving services from	5180
schools under the superintendent's supervision, and the numbers of	5181
other students entitled to attend school in the district under	5182
section 3313.64 or 3313.65 of the Revised Code the superintendent	5183
is required to report under this section, so that the department	5184
of education can calculate the district's formula ADM, total ADM,	5185
category one through five career-technical education ADM, category	5186
one through three limited English proficient ADM, category one	5187
through six special education ADM, preschool scholarship ADM,	5188
transportation ADM, and, for purposes of provisions of law outside	5189
of Chapter 3317. of the Revised Code, average daily membership.	5190

(1) The enrollment reported by the superintendent during the	5191
reporting period shall consist of the number of students in grades	5192
kindergarten through twelve receiving any educational services	5193
from the district, except that the following categories of	5194
students shall not be included in the determination:	5195

(a) Students enrolled in adult education classes;

5196

(b) Adjacent or other district students enrolled in the	5197
district under an open enrollment policy pursuant to section	5198
3313.98 of the Revised Code;	5199

(c) Students receiving services in the district pursuant to a	5200
compact, cooperative education agreement, or a contract, but who	5201
are entitled to attend school in another district pursuant to	5202
section 3313.64 or 3313.65 of the Revised Code;	5203

(d) Students for whom tuition is payable pursuant to sections	5204
3317.081 and 3323.141 of the Revised Code;	5205

(e) Students receiving services in the district through a	5206
scholarship awarded under either section 3310.41 or sections	5207
3310.51 to 3310.64 of the Revised Code.	5208

When reporting students under division (A)(1) of this	5209
section, the superintendent also shall report the district where	5210
each student is entitled to attend school pursuant to sections	5211
3313.64 and 3313.65 of the Revised Code.	5212

(2) The department of education shall compile a list of all	5213
students reported to be enrolled in a district under division	5214
(A)(1) of this section and of the students entitled to attend	5215
school in the district pursuant to section 3313.64 or 3313.65 of	5216
the Revised Code on an FTE basis but receiving educational	5217
services in grades kindergarten through twelve from one or more of	5218
the following entities:	5219

(a) A community school pursuant to Chapter 3314. of the	5220
Revised Code, including any participation in a college pursuant to	5221
Chapter 3365. of the Revised Code while enrolled in such community	5222
school;	5223

(b) An alternative school pursuant to sections 3313.974 to	5224
3313.979 of the Revised Code as described in division (I)(2)(a) or	5225
(b) of this section;	5226

(c) A college pursuant to Chapter 3365. of the Revised Code,	5227
except when the student is enrolled in the college while also	5228
enrolled in a community school pursuant to Chapter 3314. or, a	5229
science, technology, engineering, and mathematics school	5230
established under Chapter 3326., or a college-preparatory boarding	5231
school established under Chapter 3328. of the Revised Code;	5232

(d) An adjacent or other school district under an open	5233
enrollment policy adopted pursuant to section 3313.98 of the	5234
Revised Code;	5235

(e) An educational service center or cooperative education	5236
district;	5237

(f) Another school district under a cooperative education	5238
agreement, compact, or contract;	5239

(g) A chartered nonpublic school with a scholarship paid	5240
under section 3310.08 of the Revised Code, if the students	5241
qualified for the scholarship under section 3310.03 of the Revised	5242
Code;	5243

(h) An alternative public provider or a registered private	5244
provider with a scholarship awarded under either section 3310.41	5245
or sections 3310.51 to 3310.64 of the Revised Code.	5246

As used in this section, "alternative public provider" and	5247
"registered private provider" have the same meanings as in section	5248
3310.41 or 3310.51 of the Revised Code, as applicable.	5249

(i) A science, technology, engineering, and mathematics	5250
school established under Chapter 3326. of the Revised Code,	5251
including any participation in a college pursuant to Chapter 3365.	5252
of the Revised Code while enrolled in the school;	5253

(j) A college-preparatory boarding school established under	5254
Chapter 3328. of the Revised Code, including any participation in	5255
a college pursuant to Chapter 3365. of the Revised Code while	5256
enrolled in the school.	5257

(3) The department also shall compile a list of the students	5258
entitled to attend school in the district under section 3313.64 or	5259
3313.65 of the Revised Code who are enrolled in a joint vocational	5260
school district or under a career-technical education compact,	5261
excluding any students so entitled to attend school in the	5262
district who are enrolled in another school district through an	5263
open enrollment policy as reported under division (A)(2)(d) of	5264
this section and then enroll in a joint vocational school district	5265
or under a career-technical education compact.	5266

The department shall provide each city, local, and exempted	5267
village school district with an opportunity to review the list of	5268
students compiled under divisions (A)(2) and (3) of this section	5269
to ensure that the students reported accurately reflect the	5270
enrollment of students in the district.	5271

(B) To enable the department of education to obtain the data	5272
needed to complete the calculation of payments pursuant to this	5273
chapter, each superintendent shall certify from the reports	5274
provided by the department under division (A) of this section all	5275
of the following:	5276

(1) The total student enrollment in regular learning day	5277
classes included in the report under division (A)(1) or (2) of	5278
this section for each of the individual grades kindergarten	5279
through twelve in schools under the superintendent's supervision;	5280

(2) The unduplicated count of the number of preschool	5281
children with disabilities enrolled in the district for whom the	5282
district is eligible to receive funding under section 3317.0213 of	5283
the Revised Code adjusted for the portion of the year each child	5284
is so enrolled, in accordance with the disability categories	5285
prescribed in section 3317.013 of the Revised Code;	5286

(3) The number of children entitled to attend school in the	5287
district pursuant to section 3313.64 or 3313.65 of the Revised	5288
Code who are:	5289

(a) Participating in a pilot project scholarship program	5290
established under sections 3313.974 to 3313.979 of the Revised	5291
Code as described in division (I)(2)(a) or (b) of this section;	5292

(b) Enrolled in a college under Chapter 3365. of the Revised	5293
Code, except when the student is enrolled in the college while	5294
also enrolled in a community school pursuant to Chapter 3314. of	5295
the Revised Code or, a science, technology, engineering, and	5296
mathematics school established under Chapter 3326., or a	5297
college-preparatory boarding school established under Chapter	5298
3328. of the Revised Code;	5299

(c) Enrolled in an adjacent or other school district under	5300
section 3313.98 of the Revised Code;	5301

(d) Enrolled in a community school established under Chapter	5302
3314. of the Revised Code that is not an internet- or	5303
computer-based community school as defined in section 3314.02 of	5304
the Revised Code, including any participation in a college	5305
pursuant to Chapter 3365. of the Revised Code while enrolled in	5306
such community school;	5307

(e) Enrolled in an internet- or computer-based community	5308
school, as defined in section 3314.02 of the Revised Code,	5309
including any participation in a college pursuant to Chapter 3365.	5310
of the Revised Code while enrolled in the school;	5311

(f) Enrolled in a chartered nonpublic school with a	5312
scholarship paid under section 3310.08 of the Revised Code and who	5313
qualified for the scholarship under section 3310.03 of the Revised	5314
Code;	5315

(g) Enrolled in kindergarten through grade twelve in an	5316
alternative public provider or a registered private provider with	5317
a scholarship awarded under section 3310.41 of the Revised Code;	5318

(h) Enrolled as a preschool child with a disability in an	5319
alternative public provider or a registered private provider with	5320
a scholarship awarded under section 3310.41 of the Revised Code;	5321

(i) Participating in a program operated by a county DD board	5322
or a state institution;	5323

(j) Enrolled in a science, technology, engineering, and	5324
mathematics school established under Chapter 3326. of the Revised	5325
Code, including any participation in a college pursuant to Chapter	5326
3365. of the Revised Code while enrolled in the school;	5327

(k) Enrolled in a college-preparatory boarding school	5328
established under Chapter 3328. of the Revised Code, including any	5329
participation in a college pursuant to Chapter 3365. of the	5330
Revised Code while enrolled in the school;	5331

(l) Enrolled in an alternative public provider or a	5332
registered private provider with a scholarship awarded under	5333
sections 3310.51 to 3310.64 of the Revised Code.	5334

(4) The total enrollment of pupils in joint vocational	5335
schools;	5336

(5) The combined enrollment of children with disabilities	5337
reported under division (A)(1) or (2) of this section receiving	5338
special education services for the category one disability	5339
described in division (A) of section 3317.013 of the Revised Code,	5340
including children attending a special education program operated	5341
by an alternative public provider or a registered private provider	5342
with a scholarship awarded under sections 3310.51 to 3310.64 of	5343
the Revised Code;	5344

(6) The combined enrollment of children with disabilities	5345
reported under division (A)(1) or (2) of this section receiving	5346
special education services for category two disabilities described	5347
in division (B) of section 3317.013 of the Revised Code, including	5348
children attending a special education program operated by an	5349
alternative public provider or a registered private provider with	5350
a scholarship awarded under sections 3310.51 to 3310.64 of the	5351
Revised Code;	5352

(7) The combined enrollment of children with disabilities	5353
reported under division (A)(1) or (2) of this section receiving	5354
special education services for category three disabilities	5355
described in division (C) of section 3317.013 of the Revised Code,	5356
including children attending a special education program operated	5357
by an alternative public provider or a registered private provider	5358
with a scholarship awarded under sections 3310.51 to 3310.64 of	5359
the Revised Code;	5360

(8) The combined enrollment of children with disabilities	5361
reported under division (A)(1) or (2) of this section receiving	5362
special education services for category four disabilities	5363
described in division (D) of section 3317.013 of the Revised Code,	5364
including children attending a special education program operated	5365
by an alternative public provider or a registered private provider	5366
with a scholarship awarded under sections 3310.51 to 3310.64 of	5367
the Revised Code;	5368

(9) The combined enrollment of children with disabilities	5369
reported under division (A)(1) or (2) of this section receiving	5370
special education services for the category five disabilities	5371
described in division (E) of section 3317.013 of the Revised Code,	5372
including children attending a special education program operated	5373
by an alternative public provider or a registered private provider	5374
with a scholarship awarded under sections 3310.51 to 3310.64 of	5375
the Revised Code;	5376

(10) The combined enrollment of children with disabilities	5377
reported under division (A)(1) or (2) and under division (B)(3)(h)	5378
of this section receiving special education services for category	5379
six disabilities described in division (F) of section 3317.013 of	5380
the Revised Code, including children attending a special education	5381
program operated by an alternative public provider or a registered	5382
private provider with a scholarship awarded under either section	5383
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;	5384

(11) The enrollment of pupils reported under division (A)(1)	5385
or (2) of this section on a full-time equivalency basis in	5386
category one career-technical education programs or classes,	5387
described in division (A) of section 3317.014 of the Revised Code,	5388
operated by the school district or by another district that is a	5389
member of the district's career-technical planning district, other	5390
than a joint vocational school district, or by an educational	5391
service center, notwithstanding division (H) of section 3317.02 of	5392
the Revised Code and division (C)(3) of this section;	5393

(12) The enrollment of pupils reported under division (A)(1)	5394
or (2) of this section on a full-time equivalency basis in	5395
category two career-technical education programs or services,	5396
described in division (B) of section 3317.014 of the Revised Code,	5397
operated by the school district or another school district that is	5398
a member of the district's career-technical planning district,	5399
other than a joint vocational school district, or by an	5400
educational service center, notwithstanding division (H) of	5401
section 3317.02 of the Revised Code and division (C)(3) of this	5402
section;	5403

(13) The enrollment of pupils reported under division (A)(1)	5404
or (2) of this section on a full-time equivalency basis in	5405
category three career-technical education programs or services,	5406
described in division (C) of section 3317.014 of the Revised Code,	5407
operated by the school district or another school district that is	5408
a member of the district's career-technical planning district,	5409
other than a joint vocational school district, or by an	5410
educational service center, notwithstanding division (H) of	5411
section 3317.02 of the Revised Code and division (C)(3) of this	5412
section;	5413

(14) The enrollment of pupils reported under division (A)(1)	5414
or (2) of this section on a full-time equivalency basis in	5415
category four career-technical education programs or services,	5416
described in division (D) of section 3317.014 of the Revised Code,	5417
operated by the school district or another school district that is	5418
a member of the district's career-technical planning district,	5419
other than a joint vocational school district, or by an	5420
educational service center, notwithstanding division (H) of	5421
section 3317.02 of the Revised Code and division (C)(3) of this	5422
section;	5423

(15) The enrollment of pupils reported under division (A)(1)	5424
or (2) of this section on a full-time equivalency basis in	5425
category five career-technical education programs or services,	5426
described in division (E) of section 3317.014 of the Revised Code,	5427
operated by the school district or another school district that is	5428
a member of the district's career-technical planning district,	5429
other than a joint vocational school district, or by an	5430
educational service center, notwithstanding division (H) of	5431
section 3317.02 of the Revised Code and division (C)(3) of this	5432
section;	5433

(16) The enrollment of pupils reported under division (A)(1)	5434
or (2) of this section who are limited English proficient students	5435
described in division (A) of section 3317.016 of the Revised Code,	5436
excluding any student reported under division (B)(3)(e) of this	5437
section as enrolled in an internet- or computer-based community	5438
school;	5439

(17) The enrollment of pupils reported under division (A)(1)	5440
or (2) of this section who are limited English proficient students	5441
described in division (B) of section 3317.016 of the Revised Code,	5442
excluding any student reported under division (B)(3)(e) of this	5443
section as enrolled in an internet- or computer-based community	5444
school;	5445

(18) The enrollment of pupils reported under division (A)(1)	5446
or (2) of this section who are limited English proficient students	5447
described in division (C) of section 3317.016 of the Revised Code,	5448
excluding any student reported under division (B)(3)(e) of this	5449
section as enrolled in an internet- or computer-based community	5450
school;	5451

(19) The average number of children transported during the	5452
reporting period by the school district on board-owned or	5453
contractor-owned and -operated buses, reported in accordance with	5454
rules adopted by the department of education;	5455

(20)(a) The number of children, other than preschool children	5456
with disabilities, the district placed with a county DD board in	5457
fiscal year 1998. Division (B)(20)(a) of this section does not	5458
apply after fiscal year 2013.	5459

(b) The number of children with disabilities, other than	5460
preschool children with disabilities, placed with a county DD	5461
board in the current fiscal year to receive special education	5462
services for the category one disability described in division (A)	5463
of section 3317.013 of the Revised Code;	5464

(c) The number of children with disabilities, other than	5465
preschool children with disabilities, placed with a county DD	5466
board in the current fiscal year to receive special education	5467
services for category two disabilities described in division (B)	5468
of section 3317.013 of the Revised Code;	5469

(d) The number of children with disabilities, other than	5470
preschool children with disabilities, placed with a county DD	5471
board in the current fiscal year to receive special education	5472
services for category three disabilities described in division (C)	5473
of section 3317.013 of the Revised Code;	5474

(e) The number of children with disabilities, other than	5475
preschool children with disabilities, placed with a county DD	5476
board in the current fiscal year to receive special education	5477
services for category four disabilities described in division (D)	5478
of section 3317.013 of the Revised Code;	5479

(f) The number of children with disabilities, other than	5480
preschool children with disabilities, placed with a county DD	5481
board in the current fiscal year to receive special education	5482
services for the category five disabilities described in division	5483
(E) of section 3317.013 of the Revised Code;	5484

(g) The number of children with disabilities, other than	5485
preschool children with disabilities, placed with a county DD	5486
board in the current fiscal year to receive special education	5487
services for category six disabilities described in division (F)	5488
of section 3317.013 of the Revised Code.	5489

(21) The enrollment of students who are economically	5490
disadvantaged, as defined by the department, excluding any student	5491
reported under division (B)(3)(e) of this section as enrolled in	5492
an internet- or computer-based community school. A student shall	5493
not be categorically excluded from the number reported under	5494
division (B)(21) of this section based on anything other than	5495
family income.	5496

(C)(1) The state board of education shall adopt rules	5497
necessary for implementing divisions (A), (B), and (D) of this	5498
section.	5499

(2) A student enrolled in a community school established	5500
under Chapter 3314., a science, technology, engineering, and	5501
mathematics school established under Chapter 3326., or a	5502
college-preparatory boarding school established under Chapter	5503
3328. of the Revised Code shall be counted in the formula ADM and,	5504
if applicable, the category one, two, three, four, five, or six	5505
special education ADM of the school district in which the student	5506
is entitled to attend school under section 3313.64 or 3313.65 of	5507
the Revised Code for the same proportion of the school year that	5508
the student is counted in the enrollment of the community school,	5509
the science, technology, engineering, and mathematics school, or	5510
the college-preparatory boarding school for purposes of section	5511
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	5512
the enrollment of students certified pursuant to division	5513
(B)(3)(d), (e), (j), or (k) of this section, the department may	5514
adjust the formula ADM of a school district to account for	5515
students entitled to attend school in the district under section	5516
3313.64 or 3313.65 of the Revised Code who are enrolled in a	5517
community school, a science, technology, engineering, and	5518
mathematics school, or a college-preparatory boarding school for	5519
only a portion of the school year.	5520

(3) No child shall be counted as more than a total of one	5521
child in the sum of the enrollment of students of a school	5522
district under division (A), divisions (B)(1) to (22), or division	5523
(D) of this section, except as follows:	5524

(a) A child with a disability described in section 3317.013	5525
of the Revised Code may be counted both in formula ADM and in	5526
category one, two, three, four, five, or six special education ADM	5527
and, if applicable, in category one, two, three, four, or five	5528
career-technical education ADM. As provided in division (H) of	5529
section 3317.02 of the Revised Code, such a child shall be counted	5530
in category one, two, three, four, five, or six special education	5531
ADM in the same proportion that the child is counted in formula	5532
ADM.	5533

(b) A child enrolled in career-technical education programs	5534
or classes described in section 3317.014 of the Revised Code may	5535
be counted both in formula ADM and category one, two, three, four,	5536
or five career-technical education ADM and, if applicable, in	5537
category one, two, three, four, five, or six special education	5538
ADM. Such a child shall be counted in category one, two, three,	5539
four, or five career-technical education ADM in the same	5540
proportion as the percentage of time that the child spends in the	5541
career-technical education programs or classes.	5542

(4) Based on the information reported under this section, the	5543
department of education shall determine the total student count,	5544
as defined in section 3301.011 of the Revised Code, for each	5545
school district.	5546

(D)(1) The superintendent of each joint vocational school	5547
district shall report and certify to the superintendent of public	5548
instruction as of the last day of October, March, and June of each	5549
year the enrollment of students receiving services from schools	5550
under the superintendent's supervision so that the department can	5551
calculate the district's formula ADM, total ADM, category one	5552
through five career-technical education ADM, category one through	5553
three limited English proficient ADM, category one through six	5554
special education ADM, and for purposes of provisions of law	5555
outside of Chapter 3317. of the Revised Code, average daily	5556
membership.	5557

The enrollment reported and certified by the superintendent,	5558
except as otherwise provided in this division, shall consist of	5559
the the number of students in grades six through twelve receiving	5560
any educational services from the district, except that the	5561
following categories of students shall not be included in the	5562
determination:	5563

(a) Students enrolled in adult education classes;

5564

(b) Adjacent or other district joint vocational students	5565
enrolled in the district under an open enrollment policy pursuant	5566
to section 3313.98 of the Revised Code;	5567

(c) Students receiving services in the district pursuant to a	5568
compact, cooperative education agreement, or a contract, but who	5569
are entitled to attend school in a city, local, or exempted	5570
village school district whose territory is not part of the	5571
territory of the joint vocational district;	5572

(d) Students for whom tuition is payable pursuant to sections	5573
3317.081 and 3323.141 of the Revised Code.	5574

(2) To enable the department of education to obtain the data	5575
needed to complete the calculation of payments pursuant to this	5576
chapter, each superintendent shall certify from the report	5577
provided under division (D)(1) of this section the enrollment for	5578
each of the following categories of students:	5579

(a) Students enrolled in each individual grade included in	5580
the joint vocational district schools;	5581

(b) Children with disabilities receiving special education	5582
services for the category one disability described in division (A)	5583
of section 3317.013 of the Revised Code;	5584

(c) Children with disabilities receiving special education	5585
services for the category two disabilities described in division	5586
(B) of section 3317.013 of the Revised Code;	5587

(d) Children with disabilities receiving special education	5588
services for category three disabilities described in division (C)	5589
of section 3317.013 of the Revised Code;	5590

(e) Children with disabilities receiving special education	5591
services for category four disabilities described in division (D)	5592
of section 3317.013 of the Revised Code;	5593

(f) Children with disabilities receiving special education	5594
services for the category five disabilities described in division	5595
(E) of section 3317.013 of the Revised Code;	5596

(g) Children with disabilities receiving special education	5597
services for category six disabilities described in division (F)	5598
of section 3317.013 of the Revised Code;	5599

(h) Students receiving category one career-technical	5600
education services, described in division (A) of section 3317.014	5601
of the Revised Code;	5602

(i) Students receiving category two career-technical	5603
education services, described in division (B) of section 3317.014	5604
of the Revised Code;	5605

(j) Students receiving category three career-technical	5606
education services, described in division (C) of section 3317.014	5607
of the Revised Code;	5608

(k) Students receiving category four career-technical	5609
education services, described in division (D) of section 3317.014	5610
of the Revised Code;	5611

(l) Students receiving category five career-technical	5612
education services, described in division (E) of section 3317.014	5613
of the Revised Code;	5614

(m) Limited English proficient students described in division	5615
(A) of section 3317.016 of the Revised Code;	5616

(n) Limited English proficient students described in division	5617
(B) of section 3317.016 of the Revised Code;	5618

(o) Limited English proficient students described in division	5619
(C) of section 3317.016 of the Revised Code;	5620

(p) Students who are economically disadvantaged, as defined	5621
by the department. A student shall not be categorically excluded	5622
from the number reported under division (D)(2)(p) of this section	5623
based on anything other than family income.	5624

The superintendent of each joint vocational school district	5625
shall also indicate the city, local, or exempted village school	5626
district in which each joint vocational district pupil is entitled	5627
to attend school pursuant to section 3313.64 or 3313.65 of the	5628
Revised Code.	5629

(E) In each school of each city, local, exempted village,	5630
joint vocational, and cooperative education school district there	5631
shall be maintained a record of school enrollment, which record	5632
shall accurately show, for each day the school is in session, the	5633
actual enrollment in regular day classes. For the purpose of	5634
determining the enrollment of students, the enrollment figure of	5635
any school shall not include any pupils except those pupils	5636
described by division (A) of this section. The record of	5637
enrollment for each school shall be maintained in such manner that	5638
no pupil shall be counted as enrolled prior to the actual date of	5639
entry in the school and also in such manner that where for any	5640
cause a pupil permanently withdraws from the school that pupil	5641
shall not be counted as enrolled from and after the date of such	5642
withdrawal. There shall not be included in the enrollment of any	5643
school any of the following:	5644

(1) Any pupil who has graduated from the twelfth grade of a	5645
public or nonpublic high school;	5646

(2) Any pupil who is not a resident of the state;

5647

(3) Any pupil who was enrolled in the schools of the district	5648
during the previous school year when assessments were administered	5649
under section 3301.0711 of the Revised Code but did not take one	5650
or more of the assessments required by that section and was not	5651
excused pursuant to division (C)(1) or (3) of that section;	5652

(4) Any pupil who has attained the age of twenty-two years,	5653
except for veterans of the armed services whose attendance was	5654
interrupted before completing the recognized twelve-year course of	5655
the public schools by reason of induction or enlistment in the	5656
armed forces and who apply for reenrollment in the public school	5657
system of their residence not later than four years after	5658
termination of war or their honorable discharge;	5659

(5) Any pupil who has a high school equivalence diploma as	5660
defined in section 5107.40 of the Revised Code.	5661

If, however, any veteran described by division (E)(4) of this	5662
section elects to enroll in special courses organized for veterans	5663
for whom tuition is paid under the provisions of federal laws, or	5664
otherwise, that veteran shall not be included in the enrollment of	5665
students determined under this section.	5666

Notwithstanding division (E)(3) of this section, the	5667
enrollment of any school may include a pupil who did not take an	5668
assessment required by section 3301.0711 of the Revised Code if	5669
the superintendent of public instruction grants a waiver from the	5670
requirement to take the assessment to the specific pupil and a	5671
parent is not paying tuition for the pupil pursuant to section	5672
3313.6410 of the Revised Code. The superintendent may grant such a	5673
waiver only for good cause in accordance with rules adopted by the	5674
state board of education.	5675

The formula ADM, total ADM, category one through five	5676
career-technical education ADM, category one through three limited	5677
English proficient ADM, category one through six special education	5678
ADM, preschool scholarship ADM, transportation ADM, and, for	5679
purposes of provisions of law outside of Chapter 3317. of the	5680
Revised Code, average daily membership of any school district	5681
shall be determined in accordance with rules adopted by the state	5682
board of education.	5683

(F)(1) If a student attending a community school under	5684
Chapter 3314., a science, technology, engineering, and mathematics	5685
school established under Chapter 3326., or a college-preparatory	5686
boarding school established under Chapter 3328. of the Revised	5687
Code is not included in the formula ADM calculated for the school	5688
district in which the student is entitled to attend school under	5689
section 3313.64 or 3313.65 of the Revised Code, the department of	5690
education shall adjust the formula ADM of that school district to	5691
include the student in accordance with division (C)(2) of this	5692
section, and shall recalculate the school district's payments	5693
under this chapter for the entire fiscal year on the basis of that	5694
adjusted formula ADM.	5695

(2) If a student awarded an educational choice scholarship is	5696
not included in the formula ADM of the school district from which	5697
the department deducts funds for the scholarship under section	5698
3310.08 of the Revised Code, the department shall adjust the	5699
formula ADM of that school district to include the student to the	5700
extent necessary to account for the deduction, and shall	5701
recalculate the school district's payments under this chapter for	5702
the entire fiscal year on the basis of that adjusted formula ADM.	5703

(3) If a student awarded a scholarship under the Jon Peterson	5704
special needs scholarship program is not included in the formula	5705
ADM of the school district from which the department deducts funds	5706
for the scholarship under section 3310.55 of the Revised Code, the	5707
department shall adjust the formula ADM of that school district to	5708
include the student to the extent necessary to account for the	5709
deduction, and shall recalculate the school district's payments	5710
under this chapter for the entire fiscal year on the basis of that	5711
adjusted formula ADM.	5712

(G)(1)(a) The superintendent of an institution operating a	5713
special education program pursuant to section 3323.091 of the	5714
Revised Code shall, for the programs under such superintendent's	5715
supervision, certify to the state board of education, in the	5716
manner prescribed by the superintendent of public instruction,	5717
both of the following:	5718

(i) The unduplicated count of the number of all children with	5719
disabilities other than preschool children with disabilities	5720
receiving services at the institution for each category of	5721
disability described in divisions (A) to (F) of section 3317.013	5722
of the Revised Code adjusted for the portion of the year each	5723
child is so enrolled;	5724

(ii) The unduplicated count of the number of all preschool	5725
children with disabilities in classes or programs for whom the	5726
district is eligible to receive funding under section 3317.0213 of	5727
the Revised Code adjusted for the portion of the year each child	5728
is so enrolled, reported according to the categories prescribed in	5729
section 3317.013 of the Revised Code.	5730

(b) The superintendent of an institution with	5731
career-technical education units approved under section 3317.05 of	5732
the Revised Code shall, for the units under the superintendent's	5733
supervision, certify to the state board of education the	5734
enrollment in those units, in the manner prescribed by the	5735
superintendent of public instruction.	5736

(2) The superintendent of each county DD board that maintains	5737
special education classes under section 3317.20 of the Revised	5738
Code or provides services to preschool children with disabilities	5739
pursuant to an agreement between the DD board and the appropriate	5740
school district shall do both of the following:	5741

(a) Certify to the state board, in the manner prescribed by	5742
the board, the enrollment in classes under section 3317.20 of the	5743
Revised Code for each school district that has placed children in	5744
the classes;	5745

(b) Certify to the state board, in the manner prescribed by	5746
the board, the unduplicated count of the number of all preschool	5747
children with disabilities enrolled in classes for which the DD	5748
board is eligible to receive funding under section 3317.0213 of	5749
the Revised Code adjusted for the portion of the year each child	5750
is so enrolled, reported according to the categories prescribed in	5751
section 3317.013 of the Revised Code, and the number of those	5752
classes.	5753

(H) Except as provided in division (I) of this section, when	5754
any city, local, or exempted village school district provides	5755
instruction for a nonresident pupil whose attendance is	5756
unauthorized attendance as defined in section 3327.06 of the	5757
Revised Code, that pupil's enrollment shall not be included in	5758
that district's enrollment figure used in calculating the	5759
district's payments under this chapter. The reporting official	5760
shall report separately the enrollment of all pupils whose	5761
attendance in the district is unauthorized attendance, and the	5762
enrollment of each such pupil shall be credited to the school	5763
district in which the pupil is entitled to attend school under	5764
division (B) of section 3313.64 or section 3313.65 of the Revised	5765
Code as determined by the department of education.	5766

(I)(1) A city, local, exempted village, or joint vocational	5767
school district admitting a scholarship student of a pilot project	5768
district pursuant to division (C) of section 3313.976 of the	5769
Revised Code may count such student in its enrollment.	5770

(2) In any year for which funds are appropriated for pilot	5771
project scholarship programs, a school district implementing a	5772
state-sponsored pilot project scholarship program that year	5773
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	5774
count in its enrollment:	5775

(a) All children residing in the district and utilizing a	5776
scholarship to attend kindergarten in any alternative school, as	5777
defined in section 3313.974 of the Revised Code;	5778

(b) All children who were enrolled in the district in the	5779
preceding year who are utilizing a scholarship to attend an	5780
alternative school.	5781

(J) The superintendent of each cooperative education school	5782
district shall certify to the superintendent of public	5783
instruction, in a manner prescribed by the state board of	5784
education, the applicable enrollments for all students in the	5785
cooperative education district, also indicating the city, local,	5786
or exempted village district where each pupil is entitled to	5787
attend school under section 3313.64 or 3313.65 of the Revised	5788
Code.	5789

(K) If the superintendent of public instruction determines	5790
that a component of the enrollment certified or reported by a	5791
district superintendent, or other reporting entity, is not	5792
correct, the superintendent of public instruction may order that	5793
the formula ADM used for the purposes of payments under any	5794
section of Title XXXIII of the Revised Code be adjusted in the	5795
amount of the error.	5796

Sec. 3319.22. (A)(1) The state board of education shall	5797
issue the following educator licenses:	5798

(a) A resident educator license, which shall be valid for	5799
four years~~, except that the~~and shall be renewable for reasons	5800
specified by rules adopted by the state board pursuant to division	5801
(A)(3) of this section. The state board, on a case-by-case basis,	5802
may extend the license's duration as necessary to enable the	5803
license holder to complete the Ohio teacher residency program	5804
established under section 3319.223 of the Revised Code;	5805

(b) A professional educator license, which shall be valid for	5806
five years and shall be renewable;	5807

(c) A senior professional educator license, which shall be	5808
valid for five years and shall be renewable;	5809

(d) A lead professional educator license, which shall be	5810
valid for five years and shall be renewable.	5811

(2) The state board may issue any additional educator	5812
licenses of categories, types, and levels the board elects to	5813
provide.	5814

(3) The state board shall adopt rules establishing the	5815
standards and requirements for obtaining each educator license	5816
issued under this section. The rules shall also include the	5817
reasons for which a resident educator license may be renewed under	5818
division (A)(1)(a) of this section.	5819

(B) The rules adopted under this section shall require at	5820
least the following standards and qualifications for the educator	5821
licenses described in division (A)(1) of this section:	5822

(1) An applicant for a resident educator license shall hold	5823
at least a bachelor's degree from an accredited teacher	5824
preparation program or be a participant in the teach for America	5825
program and meet the qualifications required under section	5826
3319.227 of the Revised Code.	5827

(2) An applicant for a professional educator license shall:

5828

(a) Hold at least a bachelor's degree from an institution of	5829
higher education accredited by a regional accrediting	5830
organization;	5831

(b) Have successfully completed the Ohio teacher residency	5832
program established under section 3319.223 of the Revised Code, if	5833
the applicant's current or most recently issued license is a	5834
resident educator license issued under this section or an	5835
alternative resident educator license issued under section 3319.26	5836
of the Revised Code.	5837

(3) An applicant for a senior professional educator license	5838
shall:	5839

(a) Hold at least a master's degree from an institution of	5840
higher education accredited by a regional accrediting	5841
organization;	5842

(b) Have previously held a professional educator license	5843
issued under this section or section 3319.222 or under former	5844
section 3319.22 of the Revised Code;	5845

(c) Meet the criteria for the accomplished or distinguished	5846
level of performance, as described in the standards for teachers	5847
adopted by the state board under section 3319.61 of the Revised	5848
Code.	5849

(4) An applicant for a lead professional educator license	5850
shall:	5851

(a) Hold at least a master's degree from an institution of	5852
higher education accredited by a regional accrediting	5853
organization;	5854

(b) Have previously held a professional educator license or a	5855
senior professional educator license issued under this section or	5856
a professional educator license issued under section 3319.222 or	5857
former section 3319.22 of the Revised Code;	5858

(c) Meet the criteria for the distinguished level of	5859
performance, as described in the standards for teachers adopted by	5860
the state board under section 3319.61 of the Revised Code;	5861

(d) Either hold a valid certificate issued by the national	5862
board for professional teaching standards or meet the criteria for	5863
a master teacher or other criteria for a lead teacher adopted by	5864
the educator standards board under division (F)(4) or (5) of	5865
section 3319.61 of the Revised Code.	5866

(C) The state board shall align the standards and	5867
qualifications for obtaining a principal license with the	5868
standards for principals adopted by the state board under section	5869
3319.61 of the Revised Code.	5870

(D) If the state board requires any examinations for educator	5871
licensure, the department of education shall provide the results	5872
of such examinations received by the department to the chancellor	5873
of the Ohio board of regents, in the manner and to the extent	5874
permitted by state and federal law.	5875

(E) Any rules the state board of education adopts, amends, or	5876
rescinds for educator licenses under this section, division (D) of	5877
section 3301.07 of the Revised Code, or any other law shall be	5878
adopted, amended, or rescinded under Chapter 119. of the Revised	5879
Code except as follows:	5880

(1) Notwithstanding division (D) of section 119.03 and	5881
division (A)(1) of section 119.04 of the Revised Code, in the case	5882
of the adoption of any rule or the amendment or rescission of any	5883
rule that necessitates institutions' offering preparation programs	5884
for educators and other school personnel that are approved by the	5885
chancellor of the Ohio board of regents under section 3333.048 of	5886
the Revised Code to revise the curriculum of those programs, the	5887
effective date shall not be as prescribed in division (D) of	5888
section 119.03 and division (A)(1) of section 119.04 of the	5889
Revised Code. Instead, the effective date of such rules, or the	5890
amendment or rescission of such rules, shall be the date	5891
prescribed by section 3333.048 of the Revised Code.	5892

(2) Notwithstanding the authority to adopt, amend, or rescind	5893
emergency rules in division (F) of section 119.03 of the Revised	5894
Code, this authority shall not apply to the state board of	5895
education with regard to rules for educator licenses.	5896

(F)(1) The rules adopted under this section establishing	5897
standards requiring additional coursework for the renewal of any	5898
educator license shall require a school district and a chartered	5899
nonpublic school to establish local professional development	5900
committees. In a nonpublic school, the chief administrative	5901
officer shall establish the committees in any manner acceptable to	5902
such officer. The committees established under this division shall	5903
determine whether coursework that a district or chartered	5904
nonpublic school teacher proposes to complete meets the	5905
requirement of the rules. The department of education shall	5906
provide technical assistance and support to committees as the	5907
committees incorporate the professional development standards	5908
adopted by the state board of education pursuant to section	5909
3319.61 of the Revised Code into their review of coursework that	5910
is appropriate for license renewal. The rules shall establish a	5911
procedure by which a teacher may appeal the decision of a local	5912
professional development committee.	5913

(2) In any school district in which there is no exclusive	5914
representative established under Chapter 4117. of the Revised	5915
Code, the professional development committees shall be established	5916
as described in division (F)(2) of this section.	5917

Not later than the effective date of the rules adopted under	5918
this section, the board of education of each school district shall	5919
establish the structure for one or more local professional	5920
development committees to be operated by such school district. The	5921
committee structure so established by a district board shall	5922
remain in effect unless within thirty days prior to an anniversary	5923
of the date upon which the current committee structure was	5924
established, the board provides notice to all affected district	5925
employees that the committee structure is to be modified.	5926
Professional development committees may have a district-level or	5927
building-level scope of operations, and may be established with	5928
regard to particular grade or age levels for which an educator	5929
license is designated.	5930

Each professional development committee shall consist of at	5931
least three classroom teachers employed by the district, one	5932
principal employed by the district, and one other employee of the	5933
district appointed by the district superintendent. For committees	5934
with a building-level scope, the teacher and principal members	5935
shall be assigned to that building, and the teacher members shall	5936
be elected by majority vote of the classroom teachers assigned to	5937
that building. For committees with a district-level scope, the	5938
teacher members shall be elected by majority vote of the classroom	5939
teachers of the district, and the principal member shall be	5940
elected by a majority vote of the principals of the district,	5941
unless there are two or fewer principals employed by the district,	5942
in which case the one or two principals employed shall serve on	5943
the committee. If a committee has a particular grade or age level	5944
scope, the teacher members shall be licensed to teach such grade	5945
or age levels, and shall be elected by majority vote of the	5946
classroom teachers holding such a license and the principal shall	5947
be elected by all principals serving in buildings where any such	5948
teachers serve. The district superintendent shall appoint a	5949
replacement to fill any vacancy that occurs on a professional	5950
development committee, except in the case of vacancies among the	5951
elected classroom teacher members, which shall be filled by vote	5952
of the remaining members of the committee so selected.	5953

Terms of office on professional development committees shall	5954
be prescribed by the district board establishing the committees.	5955
The conduct of elections for members of professional development	5956
committees shall be prescribed by the district board establishing	5957
the committees. A professional development committee may include	5958
additional members, except that the majority of members on each	5959
such committee shall be classroom teachers employed by the	5960
district. Any member appointed to fill a vacancy occurring prior	5961
to the expiration date of the term for which a predecessor was	5962
appointed shall hold office as a member for the remainder of that	5963
term.	5964

The initial meeting of any professional development	5965
committee, upon election and appointment of all committee members,	5966
shall be called by a member designated by the district	5967
superintendent. At this initial meeting, the committee shall	5968
select a chairperson and such other officers the committee deems	5969
necessary, and shall adopt rules for the conduct of its meetings.	5970
Thereafter, the committee shall meet at the call of the	5971
chairperson or upon the filing of a petition with the district	5972
superintendent signed by a majority of the committee members	5973
calling for the committee to meet.	5974

(3) In the case of a school district in which an exclusive	5975
representative has been established pursuant to Chapter 4117. of	5976
the Revised Code, professional development committees shall be	5977
established in accordance with any collective bargaining agreement	5978
in effect in the district that includes provisions for such	5979
committees.	5980

If the collective bargaining agreement does not specify a	5981
different method for the selection of teacher members of the	5982
committees, the exclusive representative of the district's	5983
teachers shall select the teacher members.	5984

If the collective bargaining agreement does not specify a	5985
different structure for the committees, the board of education of	5986
the school district shall establish the structure, including the	5987
number of committees and the number of teacher and administrative	5988
members on each committee; the specific administrative members to	5989
be part of each committee; whether the scope of the committees	5990
will be district levels, building levels, or by type of grade or	5991
age levels for which educator licenses are designated; the lengths	5992
of terms for members; the manner of filling vacancies on the	5993
committees; and the frequency and time and place of meetings.	5994
However, in all cases, except as provided in division (F)(4) of	5995
this section, there shall be a majority of teacher members of any	5996
professional development committee, there shall be at least five	5997
total members of any professional development committee, and the	5998
exclusive representative shall designate replacement members in	5999
the case of vacancies among teacher members, unless the collective	6000
bargaining agreement specifies a different method of selecting	6001
such replacements.	6002

(4) Whenever an administrator's coursework plan is being	6003
discussed or voted upon, the local professional development	6004
committee shall, at the request of one of its administrative	6005
members, cause a majority of the committee to consist of	6006
administrative members by reducing the number of teacher members	6007
voting on the plan.	6008

(G)(1) The department of education, educational service	6009
centers, county boards of developmental disabilities, regional	6010
professional development centers, special education regional	6011
resource centers, college and university departments of education,	6012
head start programs, and the Ohio education computer network may	6013
establish local professional development committees to determine	6014
whether the coursework proposed by their employees who are	6015
licensed or certificated under this section or section 3319.222 of	6016
the Revised Code, or under the former version of either section as	6017
it existed prior to October 16, 2009, meet the requirements of the	6018
rules adopted under this section. They may establish local	6019
professional development committees on their own or in	6020
collaboration with a school district or other agency having	6021
authority to establish them.	6022

Local professional development committees established by	6023
county boards of developmental disabilities shall be structured in	6024
a manner comparable to the structures prescribed for school	6025
districts in divisions (F)(2) and (3) of this section, as shall	6026
the committees established by any other entity specified in	6027
division (G)(1) of this section that provides educational services	6028
by employing or contracting for services of classroom teachers	6029
licensed or certificated under this section or section 3319.222 of	6030
the Revised Code, or under the former version of either section as	6031
it existed prior to October 16, 2009. All other entities specified	6032
in division (G)(1) of this section shall structure their	6033
committees in accordance with guidelines which shall be issued by	6034
the state board.	6035

(2) Any public agency that is not specified in division	6036
(G)(1) of this section but provides educational services and	6037
employs or contracts for services of classroom teachers licensed	6038
or certificated under this section or section 3319.222 of the	6039
Revised Code, or under the former version of either section as it	6040
existed prior to October 16, 2009, may establish a local	6041
professional development committee, subject to the approval of the	6042
department of education. The committee shall be structured in	6043
accordance with guidelines issued by the state board.	6044

Sec. 3319.26. (A) The state board of education shall adopt	6045
rules establishing the standards and requirements for obtaining an	6046
alternative resident educator license for teaching in grades	6047
kindergarten to twelve, or the equivalent, in a designated subject	6048
area or in the area of intervention specialist, as defined by rule	6049
of the state board. The rules shall also include the reasons for	6050
which an alternative resident educator license may be renewed	6051
under division (D) of this section.	6052

(B) The superintendent of public instruction and the	6053
chancellor of the Ohio board of regents jointly shall develop an	6054
intensive pedagogical training institute to provide instruction in	6055
the principles and practices of teaching for individuals seeking	6056
an alternative resident educator license. The instruction shall	6057
cover such topics as student development and learning, pupil	6058
assessment procedures, curriculum development, classroom	6059
management, and teaching methodology.	6060

(C) The rules adopted under this section shall require	6061
applicants for the alternative resident educator license to	6062
satisfy the following conditions prior to issuance of the license,	6063
but they shall not require applicants to have completed a major in	6064
the subject area for which application is being made:	6065

(1) Hold a minimum of a baccalaureate degree;

6066

(2) Successfully complete the pedagogical training institute	6067
described in division (B) of this section or a summer training	6068
institute provided to participants of a teacher preparation	6069
program that is operated by a nonprofit organization and has been	6070
approved by the chancellor. The chancellor shall approve any such	6071
program that requires participants to hold a bachelor's degree;	6072
have a cumulative undergraduate grade point average of at least	6073
2.5 out of 4.0, or its equivalent; and successfully complete the	6074
program's summer training institute.	6075

(3) Pass an examination in the subject area for which	6076
application is being made.	6077

(D) An alternative resident educator license shall be valid	6078
for four years~~, except that the~~and shall be renewable for reasons	6079
specified by rules adopted by the state board pursuant to division	6080
(A) of this section. The state board, on a case-by-case basis, may	6081
extend the license's duration as necessary to enable the license	6082
holder to complete the Ohio teacher residency program established	6083
under section 3319.223 of the Revised Code.	6084

(E) The rules shall require the holder of an alternative	6085
resident educator license, as a condition of continuing to hold	6086
the license, to do all of the following:	6087

(1) Participate in the Ohio teacher residency program;

6088

(2) Show satisfactory progress in taking and successfully	6089
completing one of the following:	6090

(a) At least twelve additional semester hours, or the	6091
equivalent, of college coursework in the principles and practices	6092
of teaching in such topics as student development and learning,	6093
pupil assessment procedures, curriculum development, classroom	6094
management, and teaching methodology;	6095

(b) Professional development provided by a teacher	6096
preparation program that has been approved by the chancellor under	6097
division (C)(2) of this section.	6098

(3) Take an assessment of professional knowledge in the	6099
second year of teaching under the license.	6100

(F) The rules shall provide for the granting of a	6101
professional educator license to a holder of an alternative	6102
resident educator license upon successfully completing all of the	6103
following:	6104

(1) Four years of teaching under the alternative license;

6105

(2) The additional college coursework or professional	6106
development described in division (E)(2) of this section;	6107

(3) The assessment of professional knowledge described in	6108
division (E)(3) of this section. The standards for successfully	6109
completing this assessment and the manner of conducting the	6110
assessment shall be the same as for any other individual who is	6111
required to take the assessment pursuant to rules adopted by the	6112
state board under section 3319.22 of the Revised Code.	6113

(4) The Ohio teacher residency program;

6114

(5) All other requirements for a professional educator	6115
license adopted by the state board under section 3319.22 of the	6116
Revised Code.	6117

(G) A person who is assigned to teach in this state as a	6118
participant in the teach for America program or who has completed	6119
two years of teaching in another state as a participant in that	6120
program shall be eligible for a license only under section	6121
3319.227 of the Revised Code and shall not be eligible for a	6122
license under this section.	6123

Sec. 3324.07. (A) The board of education of each school	6124
district shall develop a plan for the service of gifted students	6125
enrolled in the district that are identified under section 3324.03	6126
of the Revised Code. Services specified in the plan developed by	6127
each board may include such options as the following:	6128

(1) A differentiated curriculum;

6129

(2) Cluster grouping;

6130

(3) Mentorships;

6131

(4) Accelerated course work;

6132

(5) The ~~post-secondary enrollment option~~college credit plus	6133
program under Chapter 3365. of the Revised Code;	6134

(6) Advanced placement;

6135

(7) Honors classes;

6136

(8) Magnet schools;

6137

(9) Self-contained classrooms;

6138

(10) Independent study;

6139

(11) Other options identified in rules adopted by the	6140
department of education.	6141

(B) Each board shall file the plan developed under division	6142
(A) of this section with the department of education by December	6143
15, 2000. The department shall review and analyze each plan to	6144
determine if it is adequate and to make funding estimates.	6145

(C) Unless otherwise required by law, rule, or as a condition	6146
for receipt of funds, school boards may implement the plans	6147
developed under division (A) of this section, but shall not be	6148
required to do so until further action by the general assembly or	6149
the state superintendent of public instruction.	6150

Sec. 3324.09. Not later than the thirty-first day of July of	6151
each year, each school district shall submit a report to the	6152
department of education detailing its spending of the funds it	6153
received for the previous fiscal year under division (A)(7) of	6154
section 3317.022 of the Revised Code for the identification of and	6155
services provided to the district's gifted students.	6156

Sec. 3324.11. No rule adopted by the state board of education	6157
pursuant to this chapter, section 3301.07 of the Revised Code, or	6158
any other provision of the Revised Code shall permit a school	6159
district to report that it has provided services to a student	6160
identified as gifted unless those services are paid for by the	6161
district.	6162

Sec. 3326.11. Each science, technology, engineering, and	6163
mathematics school established under this chapter and its	6164
governing body shall comply with sections 9.90, 9.91, 109.65,	6165
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	6166
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	6167
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	6168
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	6169
3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 3313.615,	6170
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	6171
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	6172
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,	6173
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,	6174
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	6175
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	6176
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	6177
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	6178
4123., 4141., and 4167. of the Revised Code as if it were a school	6179
district.	6180

Sec. 3326.36. The department of education shall reduce the	6181
amounts paid to a science, technology, engineering, and	6182
mathematics school under section 3326.33 of the Revised Code to	6183
reflect payments made to colleges under ~~division (B) of~~ section	6184
3365.07 of the Revised Code ~~or through alternative funding~~	6185
~~agreements entered into under rules adopted under section 3365.12~~	6186
~~of the Revised Code~~. A student shall be considered enrolled in the	6187
school for any portion of the school year the student is attending	6188
a college under Chapter 3365. of the Revised Code.	6189

Sec. 3328.24. A college-preparatory boarding school	6190
established under this chapter and its board of trustees shall	6191
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,	6192
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter	6193
3365. of the Revised Code as if the school were a school district	6194
and the school's board of trustees were a district board of	6195
education.	6196

Sec. 3331.04. Whenever an age and schooling certificate is	6197
applied for by a child over sixteen years of age who is ~~unable to~~	6198
~~pass a test for the completion of the work of the seventh grade~~	6199
~~and who is not so below the normal in mental development that the~~	6200
~~child cannot profit from further schooling~~participating in a	6201
program that, upon successful completion of instruction, will	6202
result in the child receiving an industry-recognized credential, a	6203
journeyman certification as recognized by the United States	6204
department of labor, or full-time employment, an age and schooling	6205
certificate may be issued by the superintendent of schools to such	6206
child upon proof acceptable to such superintendent of the	6207
following facts and upon agreement to the respective conditions	6208
made in writing by the child and by the parents, guardian, or	6209
custodian in charge of such child:	6210

(A) That the child is addicted to no habit which is likely to	6211
detract from the child's reliability or effectiveness as a worker,	6212
or proper use of the child's earnings or leisure, or the	6213
probability of the child's faithfully carrying out the conditions	6214
to which the child agrees as specified in division (B) of this	6215
section, and in addition any one of the following groups of facts:	6216

(1) That the child has been a resident of the school district	6217
for the last two years, has diligently attended upon instruction	6218
at school for the last two years, and is able to read, write, and	6219
perform the fundamental operations of arithmetic. These abilities	6220
shall be judged by the superintendent.	6221

(2) That the child having been a resident of the school	6222
district less than two years, ~~diligently~~ attended ~~upon instruction~~	6223
in school in the district in which the child was a resident ~~next~~	6224
~~preceding the child's residence in the present district~~ for the	6225
last school year preceding the child's ~~removal to~~residence in the	6226
present district, and has diligently attended ~~upon instruction in~~	6227
the schools of the present district for the period that the child	6228
has been a resident thereof;	6229

(3) That the child has ~~removed to~~resided in the present	6230
school district since the beginning of the last annual school	6231
session, and that instruction adapted to the child's needs is not	6232
provided in the regular day schools in the district;	6233

(4) ~~That the child is not sufficiently familiar with the~~	6234
~~English language to be properly instructed in the full-time day~~	6235
~~schools of the district;~~	6236

~~(5)~~ That conditions are such that the child must provide for	6237
the child's own support or the support of the child's own child or	6238
that the child is needed for the support or care of parents or for	6239
the support or care of brothers or sisters for whom the parents	6240
are unable to provide and that the child is desirous of working	6241
for the support or care of self or of the child's own child or of	6242
such parents or siblings and that such child cannot render such	6243
needed support or care by a reasonable effort outside of school	6244
hours; but no age and schooling certificate shall be granted to a	6245
child of this group upon proof of such facts without written	6246
consent given to the superintendent by the juvenile judge and by	6247
the department of job and family services.	6248

(B)~~(1)~~ In case the certificate is granted under division	6249
(A)~~(1), (2), (3), or (5)~~ of this section, that until reaching the	6250
age of eighteen years the child will diligently attend in addition	6251
to part-time classes, such evening classes as will add to the	6252
child's education for literacy, citizenship, or vocational	6253
preparation which may be made available to the child in the school	6254
district and which the child may be directed to attend by the	6255
superintendent, or in case no such classes are available, that the	6256
child will pursue such reading and study and report monthly	6257
thereon as may be directed by the superintendent;	6258

~~(2) In case the certificate is granted under division (A)(4)~~	6259
~~of this section, that until the age of eighteen years the child~~	6260
~~will attend in addition to part-time classes, such evening classes~~	6261
~~as will assist the child to learn the English language or advance~~	6262
~~in Americanization which may be made available to the child in the~~	6263
~~school district and which the child may be directed to attend by~~	6264
~~the superintendent~~.	6265

Sec. 3333.041. (A) On or before the last day of December of	6266
each year, the chancellor of the Ohio board of regents shall	6267
submit to the governor and, in accordance with section 101.68 of	6268
the Revised Code, the general assembly a report or reports	6269
concerning all of the following:	6270

(1) The status of graduates of Ohio school districts at state	6271
institutions of higher education during the twelve-month period	6272
ending on the thirtieth day of September of the current calendar	6273
year. The report shall list, by school district, the number of	6274
graduates of each school district who attended a state institution	6275
of higher education and the percentage of each district's	6276
graduates enrolled in a state institution of higher education	6277
during the reporting period who were required during such period	6278
by the college or university, as a prerequisite to enrolling in	6279
those courses generally required for first-year students, to	6280
enroll in a remedial course in English, including composition or	6281
reading, mathematics, and any other area designated by the	6282
chancellor. The chancellor also shall make the information	6283
described in division (A)(1) of this section available to the	6284
board of education of each city, exempted village, and local	6285
school district.	6286

Each state institution of higher education shall, by the	6287
first day of November of each year, submit to the chancellor in	6288
the form specified by the chancellor the information the	6289
chancellor requires to compile the report.	6290

(2) Aggregate academic growth data for students assigned to	6291
graduates of teacher preparation programs approved under section	6292
3333.048 of the Revised Code who teach English language arts or	6293
mathematics in any of grades four to eight in a public school in	6294
Ohio. For this purpose, the chancellor shall use the value-added	6295
progress dimension prescribed by section 3302.021 of the Revised	6296
Code or the alternative student academic progress measure if	6297
adopted under division (C)(1)(e) of section 3302.03 of the Revised	6298
Code. The chancellor shall aggregate the data by graduating class	6299
for each approved teacher preparation program, except that if a	6300
particular class has ten or fewer graduates to which this section	6301
applies, the chancellor shall report the data for a group of	6302
classes over a three-year period. In no case shall the report	6303
identify any individual graduate. The department of education	6304
shall share any data necessary for the report with the chancellor.	6305

(3) The following information with respect to the Ohio	6306
tuition trust authority:	6307

(a) The name of each investment manager that is a minority	6308
business enterprise or a women's business enterprise with which	6309
the chancellor contracts;	6310

(b) The amount of assets managed by investment managers that	6311
are minority business enterprises or women's business enterprises,	6312
expressed as a percentage of assets managed by investment managers	6313
with which the chancellor has contracted;	6314

(c) Efforts by the chancellor to increase utilization of	6315
investment managers that are minority business enterprises or	6316
women's business enterprises.	6317

(4) A description of ~~dual enrollment~~advanced standing	6318
programs, as defined in section 3313.6013 of the Revised Code,	6319
that are offered by school districts, community schools	6320
established under Chapter 3314. of the Revised Code, STEM schools	6321
established under Chapter 3326. of the Revised Code,	6322
college-preparatory boarding schools established under Chapter	6323
3328. of the Revised Code, and chartered nonpublic high schools.	6324
The chancellor also shall post the information on the chancellor's	6325
web site.	6326

(5) The chancellor's strategy in assigning choose Ohio first	6327
scholarships, as established under section 3333.61 of the Revised	6328
Code, among state universities and colleges and how the actual	6329
awards fit that strategy.	6330

(6) The academic and economic impact of the Ohio	6331
co-op/internship program established under section 3333.72 of the	6332
Revised Code. At a minimum, the report shall include the	6333
following:	6334

(a) Progress and performance metrics for each initiative that	6335
received an award in the previous fiscal year;	6336

(b) Economic indicators of the impact of each initiative, and	6337
all initiatives as a whole, on the regional economies and the	6338
statewide economy;	6339

(c) The chancellor's strategy in allocating awards among	6340
state institutions of higher education and how the actual awards	6341
fit that strategy.	6342

(B) As used in this section:

6343

(1) "Minority business enterprise" has the same meaning as in	6344
section 122.71 of the Revised Code.	6345

(2) "State institution of higher education" and "state	6346
university" have the same meanings as in section 3345.011 of the	6347
Revised Code.	6348

(3) "State university or college" has the same meaning as in	6349
section 3345.12 of the Revised Code.	6350

(4) "Women's business enterprise" means a business, or a	6351
partnership, corporation, limited liability company, or joint	6352
venture of any kind, that is owned and controlled by women who are	6353
United States citizens and residents of this state.	6354

Sec. 3333.35. The state board of education and the	6355
chancellor of the Ohio board of regents shall strive to reduce	6356
unnecessary student remediation costs incurred by colleges and	6357
universities in this state, increase overall access for students	6358
to higher education, enhance the ~~post-secondary enrollment options~~	6359
college credit plus program in accordance with Chapter 3365. of	6360
the Revised Code, and enhance the alternative resident educator	6361
licensure program in accordance with section 3319.26 of the	6362
Revised Code.	6363

Sec. 3333.43. This section does not apply to any	6364
baccalaureate degree program that is a cooperative education	6365
program, as defined in section 3333.71 of the Revised Code.	6366

(A) The chancellor of the Ohio board of regents shall require	6367
all state institutions of higher education that offer	6368
baccalaureate degrees, as a condition of reauthorization for	6369
certification of each baccalaureate program offered by the	6370
institution, to submit a statement describing how each major for	6371
which the school offers a baccalaureate degree may be completed	6372
within three academic years. The chronology of the statement shall	6373
begin with the fall semester of a student's first year of the	6374
baccalaureate program.	6375

(B) The statement required under this section may include,	6376
but not be limited to, any of the following methods to contribute	6377
to earning a baccalaureate degree in three years:	6378

(1) Advanced placement credit;

6379

(2) International baccalaureate program credit;

6380

(3) A waiver of degree and credit-hour requirements by	6381
completion of courses that are widely available at community	6382
colleges in the state or through online programs offered by state	6383
institutions of higher education or private nonprofit institutions	6384
of higher education holding certificates of authorization under	6385
Chapter 1713. of the Revised Code, and through courses taken by	6386
the student through the ~~post-secondary enrollment options~~college	6387
credit plus program under Chapter 3365. of the Revised Code;	6388

(4) Completion of coursework during summer sessions;

6389

(5) A waiver of foreign-language degree requirements based on	6390
a proficiency examination specified by the institution.	6391

(C)(1) Not later than October 15, 2012, each state	6392
institution of higher education shall provide statements required	6393
under this section for ten per cent of all baccalaureate degree	6394
programs offered by the institution.	6395

(2) Not later than June 30, 2014, each state institution of	6396
higher education shall provide statements required under this	6397
section for sixty per cent of all baccalaureate degree programs	6398
offered by the institution.	6399

(D) Each state institution of higher education required to	6400
submit statements under this section shall post its three-year	6401
option on its web site and also provide that information to the	6402
department of education. The department shall distribute that	6403
information to the superintendent, high school principal, and	6404
guidance counselor, or equivalents, of each school district,	6405
community school established under Chapter 3314. of the Revised	6406
Code, and STEM school established under Chapter 3326. of the	6407
Revised Code.	6408

(E) Nothing in this section requires an institution to take	6409
any action that would violate the requirements of any independent	6410
association accrediting baccalaureate degree programs.	6411

Sec. 3333.86. The chancellor of the Ohio board of regents	6412
may determine the manner in which a course included in the	6413
clearinghouse may be offered as ~~a dual enrollment~~an advanced	6414
standing program as defined in section 3313.6013 of the Revised	6415
Code, may be offered to students who are enrolled in nonpublic	6416
schools or are instructed at home pursuant to section 3321.04 of	6417
the Revised Code, or may be offered at times outside the normal	6418
school day or school week, including any necessary additional fees	6419
and methods of payment for a course so offered.	6420

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	6421
section, a graduate of the twelfth grade shall be entitled to	6422
admission without examination to any college or university which	6423
is supported wholly or in part by the state, but for unconditional	6424
admission may be required to complete such units not included in	6425
the graduate's high school course as may be prescribed, not less	6426
than two years prior to the graduate's entrance, by the faculty of	6427
the institution.	6428

(B) Beginning with the 2014-2015 academic year, each state	6429
university listed in section 3345.011 of the Revised Code, except	6430
for Central state university, Shawnee state university, and	6431
Youngstown state university, shall permit a resident of this state	6432
who entered ninth grade for the first time on or after July 1,	6433
2010, to begin undergraduate coursework at the university only if	6434
the person has successfully completed the Ohio core curriculum for	6435
high school graduation prescribed in division (C) of section	6436
3313.603 of the Revised Code, unless one of the following applies:	6437

(1) The person has earned at least ten semester hours, or the	6438
equivalent, at a community college, state community college,	6439
university branch, technical college, or another post-secondary	6440
institution except a state university to which division (B) of	6441
this section applies, in courses that are college-credit-bearing	6442
and may be applied toward the requirements for a degree. The	6443
university shall grant credit for successful completion of those	6444
courses pursuant to any applicable articulation and transfer	6445
policy of the Ohio board of regents or any agreements the	6446
university has entered into in accordance with policies and	6447
procedures adopted under section 3333.16, ~~3313.161~~3333.161, or	6448
3333.162 of the Revised Code. The university may count college	6449
credit that the student earned while in high school through the	6450
~~post-secondary enrollment options~~college credit plus program	6451
under Chapter 3365. of the Revised Code, or through other ~~dual~~	6452
~~enrollment~~advanced standing programs, toward the requirements of	6453
division (B)(1) of this section if the credit may be applied	6454
toward a degree.	6455

(2) The person qualified to graduate from high school under	6456
division (D) or (F) of section 3313.603 of the Revised Code and	6457
has successfully completed the topics or courses that the person	6458
lacked to graduate under division (C) of that section at any	6459
post-secondary institution or at a summer program at the state	6460
university. A state university may admit a person for enrollment	6461
contingent upon completion of such topics or courses or summer	6462
program.	6463

(3) The person met the high school graduation requirements by	6464
successfully completing the person's individualized education	6465
program developed under section 3323.08 of the Revised Code.	6466

(4) The person is receiving or has completed the final year	6467
of instruction at home as authorized under section 3321.04 of the	6468
Revised Code, or has graduated from a nonchartered, nonpublic	6469
school in Ohio, and demonstrates mastery of the academic content	6470
and skills in reading, writing, and mathematics needed to	6471
successfully complete introductory level coursework at an	6472
institution of higher education and to avoid remedial coursework.	6473

(5) The person is a high school student participating in the	6474
~~post-secondary enrollment options~~college credit plus program	6475
under Chapter 3365. of the Revised Code or another ~~dual enrollment~~	6476
advanced standing program.	6477

(C) A state university subject to division (B) of this	6478
section may delay admission for or admit conditionally an	6479
undergraduate student who has successfully completed the Ohio core	6480
curriculum if the university determines the student requires	6481
academic remedial or developmental coursework. The university may	6482
delay admission pending, or make admission conditional upon, the	6483
student's successful completion of the academic remedial or	6484
developmental coursework at a university branch, community	6485
college, state community college, or technical college.	6486

(D)(1) For the purposes of admission to the institution, each	6487
state institution of higher education, as defined in section	6488
3345.011 of the Revised Code, shall accept a sworn affidavit	6489
verifying the successful completion of a student's high school	6490
curriculum from either of the following:	6491

(a) If the student was enrolled in a chartered nonpublic	6492
school, the chief administrator of that school;	6493

(b) If the student was excused from attendance at school for	6494
the purpose of home instruction under section 3321.04 of the	6495
Revised Code, the student's parent or guardian.	6496

Notwithstanding anything in the Revised Code to the contrary,	6497
the affidavit shall fulfill any admission criteria requiring proof	6498
of the successful completion of that student's applicable high	6499
school curriculum.	6500

(2) For the purposes of admission to a state institution of	6501
higher education, no institution shall discriminate against any	6502
student to which division (D) of this section applies solely on	6503
the manner in which the student received instruction in order to	6504
successfully fulfill the high school curriculum applicable to that	6505
student.	6506

(E) This section does not deny the right of a college of law,	6507
medicine, or other specialized education to require college	6508
training for admission, or the right of a department of music or	6509
other art to require particular preliminary training or talent.	6510

Sec. 3365.01. As used in this chapter:

6511

(A) "Articulated credit" means post-secondary credit that is	6512
reflected on the official record of a student at an institution of	6513
higher education only upon enrollment at that institution after	6514
graduation from a secondary school.	6515

(B) "Default ceiling amount" means one of the following	6516
amounts, whichever is applicable:	6517

(1) For a participant enrolled in a college operating on a	6518
semester schedule, the amount calculated according to the	6519
following formula:	6520

((0.83 X formula amount) / 30)	6522

X number of enrolled credit hours	6523

(2) For a participant enrolled in a college operating on a	6524
quarter schedule, the amount calculated according to the following	6525
formula:	6526

((0.83 X formula amount) / 45)	6528

X number of enrolled credit hours	6529

(C) "Default floor amount" means twenty-five per cent of the	6530
default ceiling amount.	6531

(D) "Eligible out-of-state college" means any institution of	6532
higher education that is located outside of Ohio and is approved	6533
by the chancellor of the Ohio board of regents to participate in	6534
the college credit plus program.	6535

(E) "Fee" means any course-related fee and any other fee	6536
imposed by the college, but not included in tuition, for	6537
participation in the program established by this chapter.	6538

(F) "Formula amount" has the same meaning as in section	6539
3317.02 of the Revised Code.	6540

(G) "Governing entity" means a board of education of a school	6541
district, a governing authority of a community school established	6542
under Chapter 3314., a governing body of a STEM school established	6543
under Chapter 3326., or a board of trustees of a	6544
college-preparatory boarding school established under Chapter	6545
3328. of the Revised Code.	6546

(H) "Home-instructed participant" means a student who has	6547
been excused from the compulsory attendance law for the purpose of	6548
home instruction under section 3321.04 of the Revised Code, and is	6549
participating in the program established by this chapter.	6550

(I) "Maximum per participant charge amount" means one of the	6551
following amounts, whichever is applicable:	6552

(1) For a participant enrolled in a college operating on a	6553
semester schedule, the amount calculated according to the	6554
following formula:	6555

((formula amount / 30)	6556

X number of enrolled credit hours)	6557

- default ceiling amount	6558

(2) For a participant enrolled in a college operating on a	6559
quarter schedule, the amount calculated according to the following	6560
formula:	6561

((formula amount / 45)	6562

X number of enrolled credit hours)	6563

– default ceiling amount	6564

(J) "Nonpublic secondary school" means a chartered or	6565
nonchartered school for which minimum standards are prescribed by	6566
the state board of education pursuant to division (D) of section	6567
3301.07 of the Revised Code.	6568

(K) "Number of enrolled credit hours" means the number of	6569
credit hours for a course in which a participant is enrolled	6570
during the previous term after the date on which a withdrawal from	6571
a course would have negatively affected the participant's	6572
transcripted grade, as prescribed by the college's established	6573
withdrawal policy.	6574

(L) "Parent" has the same meaning as in section 3313.64 of	6575
the Revised Code.	6576

(M) "Participant" means any student enrolled in a college	6577
under the program established by this chapter.	6578

(N) "Partnering college" means a college with which a public	6579
or nonpublic secondary school has entered into an agreement in	6580
order to offer the program established by this chapter.	6581

(O) "Partnering secondary school" means a public or nonpublic	6582
secondary school with which a college has entered into an	6583
agreement in order to offer the program established by this	6584
chapter.	6585

(P) "Private college" means any of the following:

6586

(1) A nonprofit institution holding a certificate of	6587
authorization pursuant to Chapter 1713. of the Revised Code;	6588

(2) An institution holding a certificate of registration from	6589
the state board of career colleges and schools and program	6590
authorization for an associate or bachelor's degree program issued	6591
under section 3332.05 of the Revised Code;	6592

(3) A private institution exempt from regulation under	6593
Chapter 3332. of the Revised Code as prescribed in section	6594
3333.046 of the Revised Code.	6595

(Q) "Public college" means a "state institution of higher	6596
education" in section 3345.011 of the Revised Code, excluding the	6597
northeast Ohio medical university.	6598

(R) "Public secondary school" means a school serving grades	6599
nine through twelve in a city, local, or exempted village school	6600
district, a joint vocational school district, a community school	6601
established under Chapter 3314., a STEM school established under	6602
Chapter 3326., or a college-preparatory boarding school	6603
established under Chapter 3328. of the Revised Code.	6604

(S) "School year" has the same meaning as in section 3313.62	6605
of the Revised Code.	6606

(T) "Secondary grade" means any of grades nine through	6607
twelve.	6608

(U) "Transcripted credit" means post-secondary credit that is	6609
conferred by an institution of higher education and is reflected	6610
on a student's official record at that institution upon completion	6611
of a course.	6612

Sec. 3365.02. (A) There is hereby established the college	6613
credit plus program under which, beginning with the 2015-2016	6614
school year, a secondary grade student who is a resident of this	6615
state may enroll at a college, on a full- or part-time basis, and	6616
complete nonsectarian, nonremedial courses for high school and	6617
college credit. The program shall govern arrangements in which a	6618
secondary grade student enrolls in a college and, upon successful	6619
completion of coursework taken under the program, receives	6620
transcripted credit from the college, except for any of the	6621
following:	6622

(1) An agreement governing an early college high school	6623
program that meets any of the exemption criteria under division	6624
(E) of section 3313.6013 of the Revised Code;	6625

(2) An advanced placement course or international	6626
baccalaureate diploma course, as described in divisions (A)(2) and	6627
(3) of section 3313.6013 of the Revised Code;	6628

(3) Until July 1, 2016, a career-technical education program	6629
that is approved by the department of education under section	6630
3317.161 of the Revised Code and grants articulated credit to	6631
students participating in that program.	6632

(B) Any student enrolled in a public or nonpublic secondary	6633
school in the student's ninth, tenth, eleventh, or twelfth grade	6634
and any student who has been excused from the compulsory	6635
attendance law for the purpose of home instruction under section	6636
3321.04 of the Revised Code and is the equivalent of a ninth,	6637
tenth, eleventh, or twelfth grade student, may participate in the	6638
program, if the student meets the applicable eligibility criteria	6639
in section 3365.03 of the Revised Code.	6640

(C) All public secondary schools and all public colleges	6641
shall participate in the program and are subject to the	6642
requirements of this chapter. Any nonpublic secondary school or	6643
private college that chooses to participate in the program shall	6644
also be subject to the requirements of this chapter.	6645

(D) The state board of education, in accordance with Chapter	6646
119. of the Revised Code and in consultation with the chancellor	6647
of the Ohio board of regents, shall adopt rules governing the	6648
program.	6649

Sec. 3365.03. (A) A student enrolled in a public or nonpublic	6650
secondary school during the student's ninth, tenth, eleventh, or	6651
twelfth grade school year or a student who has been excused from	6652
the compulsory attendance law for the purpose of home instruction	6653
under section 3321.04 of the Revised Code and is the equivalent of	6654
a ninth, tenth, eleventh, or twelfth grade student, may apply to	6655
and enroll in a college under the college credit plus program.	6656

(1) In order for a public secondary school student to	6657
participate in the program, all of the following criteria shall be	6658
met:	6659

(a) The student or the student's parent shall inform the	6660
principal, or equivalent, of the student's school by the first day	6661
of April of the student's intent to participate in the program	6662
during the following school year. Any student who fails to provide	6663
the notification by the required date may not participate in the	6664
program during the following school year without the written	6665
consent of the principal, or equivalent. If a student seeks	6666
consent from the principal after failing to provide notification	6667
by the required date, the principal shall notify the department of	6668
education of the student's intent to participate within ten days	6669
of the date on which the student seeks consent. If the principal	6670
does not provide written consent, the student may appeal the	6671
principal's decision to the state board of education. Not later	6672
than thirty days after the notification of the appeal, the state	6673
board shall hear the appeal and shall make a decision to either	6674
grant or deny that student's participation in the program.	6675

(b) The student shall both:

6676

(i) Apply to a public or a participating private college, or	6677
an eligible out-of-state college participating in the program, in	6678
accordance with the college's established procedures for	6679
admission, pursuant to section 3365.05 of the Revised Code;	6680

(ii) Meet the college's established standards for admission	6681
and for course placement, including course-specific capacity	6682
limitations, pursuant to section 3365.05 of the Revised Code.	6683

(c) The student shall elect at the time of enrollment to	6684
participate under either division (A) or (B) of section 3365.06 of	6685
the Revised Code for each course under the program.	6686

(d) The student and the student's parent shall sign a form,	6687
provided by the school, stating that they have received the	6688
counseling required under division (B) of section 3365.04 of the	6689
Revised Code and that they understand the responsibilities they	6690
must assume in the program.	6691

(2) In order for a nonpublic secondary school or	6692
home-instructed student to participate in the program, both of the	6693
following criteria shall be met:	6694

(a) The student shall meet the criteria in divisions	6695
(A)(1)(b) and (c) of this section.	6696

(b)(i) If the student is enrolled in a nonpublic secondary	6697
school, that student shall send to the department of education a	6698
copy of the student's acceptance from a college and an	6699
application. The application shall be made on forms provided by	6700
the state board of education and shall include information about	6701
the student's proposed participation, including the school year in	6702
which the student wishes to participate; the semesters or terms	6703
the student wishes to enroll during such year; the student's	6704
expected full-time equivalency percentage for each such semester	6705
or term; and the percentage of the school day each such semester	6706
or term that the student expects to be enrolled in programs	6707
provided by a college under division (B) of section 3365.06 of the	6708
Revised Code. The department shall mark each application with the	6709
date and time of receipt.	6710

(ii) If the student is home-instructed, the parent or	6711
guardian of that student shall notify the department by the first	6712
day of April prior to the school year in which the student wishes	6713
to participate.	6714

(B) Except as provided for in division (C) of this section	6715
and in sections 3365.031 and 3365.032 of the Revised Code:	6716

(1) No public secondary school shall prohibit a student	6717
enrolled in that school from participating in the program if that	6718
student meets all of the criteria in division (A)(1) of this	6719
section.	6720

(2) No participating nonpublic secondary school shall	6721
prohibit a student enrolled in that school from participating in	6722
the program if the student meets all of the criteria in division	6723
(A)(2) of this section and, if the student is enrolled under	6724
division (B) of section 3365.06 of the Revised Code, the student	6725
is awarded funding from the department in accordance with rules	6726
adopted by the state board, in consultation with the chancellor,	6727
pursuant to section 3365.071 of the Revised Code.	6728

(C) For purposes of this section, during the period of an	6729
expulsion imposed by a public secondary school, a student is	6730
ineligible to apply to enroll in a college under this section,	6731
unless the student is admitted to another public secondary or	6732
participating nonpublic secondary school. If a student is enrolled	6733
in a college under this section at the time the student is	6734
expelled, the student's status for the remainder of the college	6735
term in which the expulsion is imposed shall be determined under	6736
section 3365.032 of the Revised Code.	6737

(D) Upon a student's graduation from high school,	6738
participation in the college credit plus program shall not affect	6739
the student's eligibility at any public college for scholarships	6740
or for other benefits or opportunities that are available to	6741
first-time college students and are awarded by that college,	6742
regardless of the number of credit hours that the student	6743
completed under the program.	6744

~~Sec. 3365.06.~~ Sec. 3365.031. (A) A student in grade nine may not	6745
enroll in courses under this chapter for which the student elects	6746
under division (B) of section ~~3365.04~~3365.06 of the Revised Code	6747
to receive credit toward high school graduation for more than the	6748
equivalent of four academic school years. A student enrolling in	6749
courses under this chapter may not enroll in courses in which the	6750
student elects to receive credit toward high school graduation for	6751
more than the equivalent of:	6752

(1) Three academic school years, if the student so enrolls	6753
for the first time in grade ten;	6754

(2) Two academic school years, if the student so enrolls for	6755
the first time in grade eleven;	6756

(3) One academic school year, if the student so enrolls for	6757
the first time in grade twelve.	6758

~~These~~(B) The restrictions prescribed in division (A) of this	6759
section shall be reduced proportionately for any such student who	6760
enrolls in the program during the course of a school year in	6761
accordance with rules adopted under section 3365.02 of the Revised	6762
Code.	6763

~~(B) In considering the admission of any secondary student, a~~	6764
~~college shall give priority to its other students regarding~~	6765
~~enrollment in courses. However, once a student has been accepted~~	6766
~~in a course as a participant, the institution shall not displace~~	6767
~~the participant for another student.~~	6768

~~Sec. 3365.041.~~ Sec. 3365.032. (A) When a ~~school district~~	6769
~~superintendent, the governing authority of a community school, or~~	6770
~~the chief administrative officer of a STEM~~public secondary school	6771
expels a student under division (B) of section 3313.66 of the	6772
Revised Code or, for a college-preparatory boarding school	6773
established under Chapter 3328. of the Revised Code, in accordance	6774
with the school's bylaws adopted pursuant to section 3328.13 of	6775
the Revised Code, the ~~district~~ superintendent, ~~governing~~	6776
~~authority, or chief administrative officer~~or equivalent, shall	6777
send a written notice of the expulsion to any college in which the	6778
expelled student is enrolled under section 3365.03 of the Revised	6779
Code at the time the expulsion is imposed. The notice shall	6780
indicate the date the expulsion is scheduled to expire. The notice	6781
also shall indicate whether the ~~district board of education,~~	6782
~~community school governing authority, or the STEM~~ school has	6783
adopted a policy under section 3313.613 of the Revised Code or,	6784
for a college-preparatory boarding school, in accordance with the	6785
school's bylaws adopted pursuant to section 3328.13 of the Revised	6786
Code to deny high school credit for ~~post-secondary~~ courses taken	6787
under the college credit plus program during an expulsion. If the	6788
expulsion is extended under division (F) of section 3313.66 of the	6789
Revised Code or, for a college-preparatory boarding school, in	6790
accordance with the school's bylaws adopted pursuant to section	6791
3328.13 of the Revised Code, the ~~district~~ superintendent,	6792
~~community school governing authority, or STEM school chief~~	6793
~~administrative officer~~or equivalent, shall notify the college of	6794
the extension.	6795

(B) A college may withdraw its acceptance under section	6796
3365.03 of the Revised Code of a student who is expelled from	6797
school under division (B) of section 3313.66 of the Revised Code	6798
or, for a college-preparatory boarding school, in accordance with	6799
the school's bylaws adopted pursuant to section 3328.13 of the	6800
Revised Code. As provided in section 3365.03 of the Revised Code,	6801
regardless of whether the college withdraws its acceptance of the	6802
student for the college term in which the student is expelled, the	6803
student is ineligible to enroll in a college under that section	6804
for subsequent college terms during the period of the expulsion,	6805
unless the student enrolls in another public school ~~district or~~	6806
~~community school,~~ or a participating nonpublic school during that	6807
period.	6808

If a college withdraws its acceptance of an expelled student	6809
who elected either option of division (A)(1) or (2) of section	6810
~~3365.04~~3365.06 of the Revised Code, the college shall refund	6811
tuition and fees paid by the student in the same proportion that	6812
it refunds tuition and fees to students who voluntarily withdraw	6813
from the college at the same time in the term.	6814

If a college withdraws its acceptance of an expelled student	6815
who elected the option of division (B) of section ~~3365.04~~3365.06	6816
of the Revised Code, the public school ~~district, community school,~~	6817
~~or STEM school~~ shall not award high school credit for the college	6818
courses in which the student was enrolled at the time the college	6819
withdrew its acceptance, and any reimbursement under section	6820
3365.07 of the Revised Code ~~or through alternative funding~~	6821
~~agreements entered into under rules adopted under section 3365.12~~	6822
~~of the Revised Code~~ for the student's attendance prior to the	6823
withdrawal shall be the same as would be paid for a student who	6824
voluntarily withdrew from the college at the same time in the	6825
term. If the withdrawal results in the college's receiving no	6826
reimbursement, the college or secondary school may require the	6827
student to return or pay for ~~the~~any textbooks and materials it	6828
provided the student free of charge ~~under section 3365.08 of the~~	6829
~~Revised Code~~.	6830

(C) When a student who elected the option of division (B) of	6831
section ~~3365.04~~3365.06 of the Revised Code is expelled under	6832
division (B) of section 3313.66 of the Revised Code or, for a	6833
college-preparatory boarding school, in accordance with the	6834
school's bylaws adopted pursuant to section 3328.13 of the Revised	6835
Code from a public school ~~district, community school, or STEM~~	6836
~~school~~ that has adopted a policy under section 3313.613 of the	6837
Revised Code or, for a college-preparatory boarding school, in	6838
accordance with the school's bylaws adopted pursuant to section	6839
3328.13 of the Revised Code to deny high school credit for courses	6840
taken under the college credit plus program during an expulsion,	6841
that election is automatically revoked for all college courses in	6842
which the student is enrolled during the college term in which the	6843
expulsion is imposed. Any reimbursement under section 3365.07 of	6844
the Revised Code ~~or through alternative funding agreements entered~~	6845
~~into under rules adopted under section 3365.12 of the Revised Code~~	6846
for the student's attendance prior to the expulsion shall be the	6847
same as would be paid for a student who voluntarily withdrew from	6848
the college at the same time in the term. If the revocation	6849
results in the college's receiving no reimbursement, the college	6850
or secondary school may require the student to return or pay for	6851
~~the~~any textbooks and materials it provided the student free of	6852
charge ~~under section 3365.08 of the Revised Code~~.	6853

NoNot later than five days after receiving an expulsion	6854
notice from the superintendent ~~of a district, the governing~~	6855
~~authority of a community school, or the chief administrative~~	6856
~~officer of a STEM~~, or equivalent, of a public school that has	6857
adopted a policy under section 3313.613 of the Revised Code or,	6858
for a college-preparatory boarding school, in accordance with the	6859
school's bylaws adopted pursuant to section 3328.13 of the Revised	6860
Code, the college shall send a written notice to the expelled	6861
student that the student's election of division (B) of section	6862
~~3365.04~~3365.06 of the Revised Code is revoked. If the college	6863
elects not to withdraw its acceptance of the student, the student	6864
shall pay all applicable tuition and fees for the college courses	6865
and shall pay for ~~the~~any textbooks and materials that the college	6866
or secondary school provided ~~under section 3365.08 of the Revised~~	6867
~~Code~~to the student.	6868

Sec. 3365.033. (A) Notwithstanding anything to the contrary	6869
in Chapter 3365. of the Revised Code, any student enrolled in a	6870
public or nonpublic secondary school in the student's seventh or	6871
eighth grade and any student who has been excused from the	6872
compulsory attendance law for the purpose of home instruction	6873
under section 3321.04 of the Revised Code and is the equivalent of	6874
a seventh or eighth grade student, may participate in the college	6875
credit plus program, if the student meets the applicable	6876
eligibility criteria required of secondary grade students for	6877
participation. Participants under this section shall be subject to	6878
the same requirements as secondary grade participants under this	6879
chapter.	6880

(B) Participants under this section shall receive high school	6881
and college credit for courses taken under the program, in	6882
accordance with the option elected under section 3365.06 of the	6883
Revised Code. High school credit earned under the program shall be	6884
awarded in the same manner as for secondary grade participants.	6885

(C) If a participant under this section elects to have the	6886
college reimbursed under section 3365.07 of the Revised Code for	6887
courses taken under the program, the department shall reimburse	6888
the college in the same manner as for secondary grade participants	6889
in accordance with that section.	6890

(D) Notwithstanding section 3327.01 of the Revised Code, the	6891
parent or guardian of a participant under this section shall be	6892
responsible for any transportation for the participant related to	6893
participation in the program.	6894

Sec. 3365.04. Each public and participating nonpublic	6895
secondary school shall do all of the following with respect to the	6896
college credit plus program:	6897

(A) Provide information about the program prior to the first	6898
day of March of each year to all students enrolled in grades six	6899
through eleven;	6900

(B) Provide counseling services to students in grades six	6901
through eleven and to their parents before the students	6902
participate in the program under this chapter to ensure that	6903
students and parents are fully aware of the possible consequences	6904
and benefits of participation. Counseling information shall	6905
include:	6906

(1) Program eligibility;

6907

(2) The process for granting academic credits;

6908

(3) Any necessary financial arrangements for tuition,	6909
textbooks, and fees;	6910

(4) Criteria for any transportation aid;

6911

(5) Available support services;

6912

(6) Scheduling;

6913

(7) Communicating the possible consequences and benefits of	6914
participation, including all of the following:	6915

(a) The consequences of failing or not completing a course	6916
under the program, including the effect on the student's ability	6917
to complete the secondary school's graduation requirements;	6918

(b) The effect of the grade attained in a course under the	6919
program being included in the student's grade point average, as	6920
applicable;	6921

(c) The benefits to the student for successfully completing a	6922
course under the program, including the ability to reduce the	6923
overall costs of, and the amount of time required for, a college	6924
education.	6925

(8) The academic and social responsibilities of students and	6926
parents under the program;	6927

(9) Information about and encouragement to use the counseling	6928
services of the college in which the student intends to enroll;	6929

(10) The standard packet of information for the program	6930
developed by the chancellor of the Ohio board of regents pursuant	6931
to section 3365.15 of the Revised Code;	6932

For a participating nonpublic secondary school, counseling	6933
information shall also include an explanation that funding may be	6934
limited and that not all students who wish to participate may be	6935
able to do so.	6936

(C) Promote the program on the school's web site, including	6937
the details of the school's current agreements with partnering	6938
colleges;	6939

(D) Schedule at least one informational session per school	6940
year to allow each partnering college that is located within	6941
thirty miles of the school to meet with interested students and	6942
parents. The session shall include the benefits and consequences	6943
of participation and shall outline any changes or additions to the	6944
requirements of the program. If there are no partnering colleges	6945
located within thirty miles of the school, the school shall	6946
coordinate with the closest partnering college to offer an	6947
informational session.	6948

(E) Implement a policy for the awarding of grades and the	6949
calculation of class standing for courses taken under division	6950
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy	6951
adopted under this division shall be equivalent to the school's	6952
current policy for courses taken under the advanced standing	6953
programs described in divisions (A)(2) and (3) of section	6954
3313.6013 of the Revised Code. If the current policy includes	6955
awarding a weighted grade or enhancing a student's class standing	6956
for courses taken under these programs, the policy adopted under	6957
this section shall also provide for these procedures to be applied	6958
to courses taken under the college credit plus program.	6959

(F) Develop model course pathways, pursuant to section	6960
3365.13 of the Revised Code, and publish the course pathways among	6961
the school's official list of course offerings for the program.	6962

(G) Annually collect, report, and track specified data	6963
related to the program according to data reporting guidelines	6964
adopted by the chancellor and the superintendent of public	6965
instruction pursuant to section 3365.15 of the Revised Code.	6966

Sec. 3365.05. Each public and participating private college	6967
shall do all of the following with respect to the college credit	6968
plus program:	6969

(A) Apply established standards and procedures for admission	6970
to the college and for course placement for participants. When	6971
determining admission and course placement, the college shall do	6972
all of the following:	6973

(1) Consider all available student data that may be an	6974
indicator of college readiness, including grade point average and	6975
end-of-course examination scores, if applicable;	6976

(2) Give priority to its current students regarding	6977
enrollment in courses. However, once a participant has been	6978
accepted into a course, the college shall not displace the	6979
participant for another student.	6980

(3) Adhere to any capacity limitations that the college has	6981
established for specified courses.	6982

(B) Send written notice to a participant, the participant's	6983
parent, the participant's secondary school, and the superintendent	6984
of public instruction, not later than fourteen calendar days prior	6985
to the first day of classes for that term, of the participant's	6986
admission to the college and to specified courses under the	6987
program.	6988

(C) Provide both of the following, not later than twenty-one	6989
calendar days after the first day of classes for that term, to	6990
each participant, participant's secondary school, and the	6991
superintendent of public instruction:	6992

(1) The courses and hours of enrollment of the participant;

6993

(2) The option elected by the participant under division (A)	6994
or (B) of section 3365.06 of the Revised Code for each course.	6995

The college shall also provide to each partnering school a	6996
roster of participants from that school that are enrolled in the	6997
college and a list of course assignments for each participant.	6998

(D) Promote the program on the college's web site, including	6999
the details of the college's current agreements with partnering	7000
secondary schools.	7001

(E) Coordinate with each partnering secondary school that is	7002
located within thirty miles of the college to present at least one	7003
informational session per school year for interested students and	7004
parents. The session shall include the benefits and consequences	7005
of participation and shall outline any changes or additions to the	7006
requirements of the program. If there are no partnering schools	7007
located within thirty miles of the college, the college shall	7008
coordinate with the closest partnering school to offer an	7009
informational session.	7010

(F) Assign an academic advisor that is employed by the	7011
college to each participant enrolled in that college. Prior to the	7012
date on which a withdrawal from a course would negatively affect a	7013
participant's transcripted grade, as prescribed by the college's	7014
established withdrawal policy, the college shall ensure that the	7015
academic advisor and the participant meet at least once to discuss	7016
the program and the courses in which the participant is enrolled.	7017

(G) Do both of the following with regard to high school	7018
teachers that are teaching courses for the college at a secondary	7019
school under the program:	7020

(1) Provide at least one professional development session per	7021
school year;	7022

(2) Conduct at least one classroom observation per school	7023
year for each course that is authorized by the college and taught	7024
by a high school teacher to ensure that the course meets the	7025
quality of a college-level course.	7026

(H) Annually collect, report, and track specified data	7027
related to the program according to data reporting guidelines	7028
adopted by the chancellor and the superintendent of public	7029
instruction pursuant to section 3365.15 of the Revised Code.	7030

(I) With the exception of divisions (D) and (E) of this	7031
section, any eligible out-of-state college participating in the	7032
college credit plus program shall be subject to the same	7033
requirements as a participating private college under this	7034
section.	7035

~~Sec. 3365.04.~~ Sec. 3365.06. The rules adopted under section	7036
3365.02 of the Revised Code shall provide for ~~students~~	7037
participants to enroll in courses under either of the following	7038
options:	7039

(A) The ~~student~~participant may elect at the time of	7040
enrollment to be responsible for payment of all tuition and the	7041
cost of all textbooks, materials, and fees associated with the	7042
course. The college shall notify the ~~student~~participant about	7043
payment of tuition and fees in the customary manner followed by	7044
the college. A ~~student~~participant electing this option also shall	7045
elect, at the time of enrollment, whether to receive only college	7046
credit or high school credit and college credit for the course.	7047

(1) The ~~student~~participant may elect to receive only college	7048
credit for the course. Except as provided in section ~~3365.041~~	7049
3365.032 of the Revised Code, if the ~~student~~participant	7050
successfully completes the course, the college shall award the	7051
~~student~~participant full credit for the course, but the ~~board of~~	7052
~~education, community school governing authority, STEM~~governing	7053
entity of a public secondary school, or ~~nonpublic~~the governing	7054
body of a participating nonpublic secondary school shall not award	7055
the high school credit.	7056

(2) The ~~student~~participant may elect to receive both high	7057
school credit and college credit for the course. Except as	7058
provided in section ~~3365.041~~3365.032 of the Revised Code, if the	7059
~~student~~participant successfully completes the course, the college	7060
shall award the ~~student~~participant full credit for the course and	7061
the ~~board of education, community school governing authority, STEM~~	7062
governing entity of a public school, or the governing body of a	7063
participating nonpublic school shall award the ~~student~~participant	7064
high school credit.	7065

(B) The ~~student~~participant may elect at the time of	7066
enrollment for each course to have the college reimbursed under	7067
section 3365.07 of the Revised Code ~~or as provided in alternative~~	7068
~~funding agreements entered into under rules adopted under section~~	7069
~~3365.12 of the Revised Code~~. Except as provided in section	7070
~~3365.041~~3365.032 of the Revised Code, if the ~~student~~participant	7071
successfully completes the course, the college shall award the	7072
~~student~~participant full credit for the course,and the ~~board of~~	7073
~~education, community school governing authority, STEM~~governing	7074
entity of a public school, or the governing body of a	7075
participating nonpublic school shall award the ~~student~~participant	7076
high school credit~~, and the college shall be reimbursed in~~	7077
~~accordance with section 3365.07 of the Revised Code or alternative~~	7078
~~funding agreements entered into under rules adopted under section~~	7079
~~3365.12 of the Revised Code~~. If the participant elects to have the	7080
college reimbursed under this division, the department shall	7081
reimburse the college for the number of enrolled credit hours in	7082
accordance with section 3365.07 of the Revised Code.	7083

When determining a school district's ~~formula ADM~~enrollment	7084
under section 3317.03 of the Revised Code, the time a participant	7085
is attending courses under division (A) of this section shall be	7086
considered as time the participant is not attending or enrolled in	7087
school anywhere, and the time a participant is attending courses	7088
under division (B) of this section shall be considered as time the	7089
participant is attending or enrolled in the district's schools.	7090

Sec. 3365.07. The department of education shall calculate	7091
and pay state funds to colleges for participants in the college	7092
credit plus program under division (B) of section 3365.06 of the	7093
Revised Code pursuant to this section. For a nonpublic secondary	7094
school or home-instructed participant, the department shall pay	7095
state funds pursuant to this section only if that participant is	7096
awarded funding according to rules adopted by the state board of	7097
education, in consultation with the chancellor of the Ohio board	7098
of regents, pursuant to section 3365.071 of the Revised Code. The	7099
program shall be the sole mechanism by which state funds are paid	7100
to colleges for students to earn college-level credit while	7101
enrolled in a secondary school, with the exception of the programs	7102
listed in division (A) of section 3365.02 of the Revised Code.	7103

(A) For each public or nonpublic secondary school participant	7104
enrolled in a public college:	7105

(1) If no agreement has been entered into under division	7106
(A)(2) of this section, both of the following shall apply:	7107

(a) The department shall pay to the college the applicable	7108
amount as follows:	7109

(i) For a participant enrolled in a college course delivered	7110
on the college campus, at another location operated by the	7111
college, or online, the default ceiling amount;	7112

(ii) For a participant enrolled in a college course delivered	7113
at the participant's secondary school but taught by college	7114
faculty, fifty per cent of the default ceiling amount;	7115

(iii) For a participant enrolled in a college course	7116
delivered at the participant's secondary school and taught by a	7117
high school teacher who has met the credential requirements	7118
established for purposes of the program in rules adopted by the	7119
chancellor of the Ohio board of regents, the default floor amount.	7120

(b) The participant's secondary school shall pay for	7121
textbooks, and the college shall waive payment of all other fees	7122
related to participation in the program.	7123

(2) The governing entity of a participant's secondary school	7124
and the college may enter into an agreement to establish an	7125
alternative payment structure for tuition, textbooks, and fees.	7126
Under such an agreement, payments for each participant made by the	7127
department may be less than the default floor amount. However, no	7128
payments made by the department under such an agreement shall be	7129
more than the default ceiling amount. If no agreement is entered	7130
into under division (A)(2) of this section, both of the following	7131
shall apply:	7132

(a) The department shall pay to the college the applicable	7133
default amounts prescribed by division (A)(1)(a) of this section,	7134
depending upon the method of delivery and instruction.	7135

(b) In accordance with division (A)(1)(b) of this section,	7136
the participant's secondary school shall pay for textbooks, and	7137
the college shall waive payment of all other fees related to	7138
participation in the program.	7139

(3) No participant that is enrolled in a public college shall	7140
be charged for any tuition, textbooks, or other fees related to	7141
participation in the program.	7142

(B) For each public secondary school participant enrolled in	7143
a private college:	7144

(1) If no agreement has been entered into under division	7145
(B)(2) of this section, the department shall pay to the college	7146
the applicable amount calculated in the same manner as in division	7147
(A)(1)(a) of this section.	7148

(2) The governing entity of a participant's secondary school	7149
and the college may enter into an agreement to establish an	7150
alternative payment structure for tuition, textbooks, and fees.	7151
Under such an agreement, payments may be less than the default	7152
floor amount. However, no payments made by the department under	7153
such an agreement shall be more than the default ceiling amount.	7154
If no agreement is entered into under division (B)(2) of this	7155
section, the department shall pay to the college the applicable	7156
default amounts prescribed by division (A)(1)(a) of this section,	7157
depending upon the method of delivery and instruction.	7158

If an agreement is entered into under this division, the	7159
agreement may include a stipulation permitting the charging of a	7160
participant. A participant may be charged an amount not to exceed	7161
the maximum per participant charge amount. A participant may be	7162
charged only if all of the following conditions are met:	7163

(a) Payments for the participant made by the department to	7164
the college are not less than the default ceiling amount.	7165

(b) The school provides information to the participant on the	7166
no-cost options available under this chapter.	7167

(c) The participant is not identified as economically	7168
disadvantaged according to rules adopted by the department.	7169

(C) For each nonpublic secondary school participant enrolled	7170
in a private or eligible out-of-state college, the department	7171
shall pay to the college the applicable amount calculated in the	7172
same manner as in division (A)(1)(a) of this section. Payment for	7173
costs for the participant that exceed the amount paid by the	7174
department shall be negotiated by the governing body of the	7175
nonpublic secondary school and the college.	7176

However, under no circumstances shall:

7177

(1) The payments for a participant made by the department	7178
under this division exceed the default ceiling amount.	7179

(2) Any nonpublic secondary school participant, who is	7180
enrolled in that secondary school with a scholarship awarded under	7181
either the educational choice scholarship pilot program, as	7182
prescribed by sections 3310.01 to 3310.17, or the pilot project	7183
scholarship program, as prescribed by sections 3313.974 to	7184
3313.979 of the Revised Code, and who qualifies as a low-income	7185
student under either of those programs, be charged for any	7186
tuition, textbooks, or other fees related to participation in the	7187
college credit plus program.	7188

(D) For each home-instructed participant enrolled in a	7189
public, private, or eligible out-of-state college, the department	7190
shall pay to the college the default ceiling amount, if that	7191
participant is enrolled in a college course delivered on the	7192
college campus, at another location operated by the college, or	7193
online.	7194

(E) Not later than thirty days after the end of each term,	7195
each college expecting to receive payment for the costs of a	7196
participant under this section shall notify the department of the	7197
number of enrolled credit hours for each participant.	7198

(F) Each January and July, or as soon as possible thereafter,	7199
the department shall make the applicable payments under this	7200
section to each college, which provided proper notification to the	7201
department under division (E) of this section, for the number of	7202
enrolled credit hours for participants enrolled in the college	7203
under division (B) of section 3365.06 of the Revised Code. The	7204
department shall not make any payments to a college under this	7205
section if a participant withdrew from a course prior to the date	7206
on which a withdrawal from the course would have negatively	7207
affected the participant's transcripted grade, as prescribed by	7208
the college's established withdrawal policy.	7209

(1) Payments made for public secondary school participants	7210
under this section shall be deducted from the school foundation	7211
payments made to the participant's school district or, if the	7212
participant is enrolled in a community school, a STEM school, or a	7213
college-preparatory boarding school, from the payments made to	7214
that school under section 3314.08, 3326.33, or 3328.34 of the	7215
Revised Code. If the participant is enrolled in a joint vocational	7216
school district, a portion of the amount shall be deducted from	7217
the payments to the joint vocational school district and a portion	7218
shall be deducted from the payments to the participant's city,	7219
local, or exempted village school district in accordance with the	7220
full-time equivalency of the student's enrollment in each	7221
district. Amounts deducted under division (F)(1) of this section	7222
shall be calculated in accordance with rules adopted by the state	7223
board of education, pursuant to division (B) of section 3365.071	7224
of the Revised Code.	7225

(2) Payments made for nonpublic secondary school and	7226
home-instructed participants under this section shall be deducted	7227
from moneys appropriated by the general assembly for such purpose.	7228
Payments shall be allocated and distributed in accordance with	7229
rules adopted by the state board, in consultation with the	7230
chancellor of the Ohio board of regents, pursuant to division (A)	7231
of section 3365.071 of the Revised Code.	7232

(G) Any public college that enrolls a student under division	7233
(B) of section 3365.06 of the Revised Code may include that	7234
student in the calculation used to determine its state share of	7235
instruction funds appropriated to the Ohio board of regents by the	7236
general assembly.	7237

Sec. 3365.071. (A) The state board of education, in	7238
accordance with Chapter 119. of the Revised Code and in	7239
consultation with the chancellor of the Ohio board of regents,	7240
shall adopt rules prescribing a method to allocate and distribute	7241
payments under section 3365.07 of the Revised Code for nonpublic	7242
secondary school and home-instructed participants.	7243

(B) The state board shall also adopt rules establishing a	7244
method to calculate the amounts deducted from a joint vocational	7245
school district and from a participant's city, local, or exempted	7246
village school district for payments under section 3365.07 of the	7247
Revised Code.	7248

Sec. 3365.08. (A) ~~A college that expects to receive or~~	7249
~~receives reimbursement under section 3365.07 of the Revised Code~~	7250
~~or through alternative funding agreements entered into under rules~~	7251
~~adopted under section 3365.12 of the Revised Code shall furnish to~~	7252
~~a participant all textbooks and materials directly related to a~~	7253
~~course taken by the participant under division (B) of section~~	7254
~~3365.04 of the Revised Code. No college shall charge such~~	7255
~~participant for tuition, textbooks, materials, or other fees~~	7256
~~directly related to any such course.~~	7257

~~(B)~~ No ~~student~~participant enrolled under this chapter in a	7258
course for which credit toward high school graduation is awarded	7259
shall receive direct financial aid through any state or federal	7260
program.	7261

~~(C)~~(B) If a school district provides transportation for	7262
resident school students in grades eleven and twelve under section	7263
3327.01 of the Revised Code, a parent of a ~~pupil~~participant	7264
enrolled in a course under division (A)(2) or (B) of section	7265
~~3365.04~~3365.06 of the Revised Code may apply to the board of	7266
education for full or partial reimbursement for the necessary	7267
costs of transporting the ~~student~~participant between the	7268
secondary school the ~~student~~participant attends and the college	7269
in which the ~~student~~participant is enrolled. Reimbursement may be	7270
paid solely from funds received by the district for ~~pupil~~student	7271
transportation under section 3317.0212 of the Revised Code or	7272
other provisions of law. The state board of education shall	7273
establish guidelines, based on financial need, under which a	7274
district may provide such reimbursement.	7275

~~(D)~~(C) If a community school provides or arranges	7276
transportation for its ~~pupils~~students in grades nine through	7277
twelve under section 3314.091 of the Revised Code, a parent of a	7278
~~pupil~~participant of the community school who is enrolled in a	7279
course under division (A)(2) or (B) of section ~~3365.04~~3365.06 of	7280
the Revised Code may apply to the governing authority of the	7281
community school for full or partial reimbursement of the	7282
necessary costs of transporting the ~~student~~participant between	7283
the community school and the college. The governing authority may	7284
pay the reimbursement in accordance with the state board's rules	7285
adopted under division ~~(C)~~(B) of this section solely from funds	7286
paid to it under section 3314.091 of the Revised Code.	7287

~~Sec. 3365.11.~~ Sec. 3365.09. (A) IfExcept as provided for in	7288
division (C) of this section, if the superintendent ~~of the school~~	7289
~~district or the chief administrator of the community school or~~	7290
~~STEM~~, or equivalent, of a public secondary school in which a	7291
participant is enrolled determines that the participant has not	7292
attained a passing final grade in a college course in which the	7293
participant enrolled under this chapter, the superintendent, or	7294
~~chief administrator shall~~equivalent, may seek reimbursement from	7295
the participant or the participant's parent for the amount of	7296
state funds paid to the college on behalf of the participant for	7297
that college course. The ~~board of education of the school~~	7298
~~district, the governing authority of the community school, or the~~	7299
~~STEM~~governing entity of a public school, in accordance with	7300
division (C) of section 3313.642 of the Revised Code, may withhold	7301
grades and credits received by the participant for ~~district or~~	7302
~~community~~high school courses taken by the participant until the	7303
participant or the participant's parent provides reimbursement.	7304

(B) IfExcept as provided for in division (C) of this	7305
section, if the chief administrator of ~~the~~a participating	7306
nonpublic school in which a participant is enrolled determines	7307
that the participant has not attained a passing final grade in a	7308
college course in which the participant enrolled under this	7309
chapter, the chief administrator ~~shall~~may seek reimbursement from	7310
the participant or the participant's parent for the amount of	7311
state funds paid to the college on behalf of the participant for	7312
enrollment in that college course. Upon the collection of any	7313
funds from a participant or participant's parent under this	7314
division, the chief administrator of a nonpublic school shall send	7315
an amount equal to the funds collected to the superintendent of	7316
public instruction. The superintendent of public instruction shall	7317
credit that amount to the general revenue fund.	7318

(C) Unless the participant was expelled by the school, the	7319
superintendent, or equivalent, or chief administrator shall not	7320
seek reimbursement from a participant or a participant's parent	7321
under division (A) or (B) of this section, if the participant is	7322
identified as economically disadvantaged according to rules	7323
adopted by the department of education.	7324

Sec. 3365.11. Each instructor teaching a course under the	7325
college credit plus program shall meet the credential requirements	7326
set forth in guidelines and procedures established by the	7327
chancellor of the Ohio board of regents. If the guidelines require	7328
high school teachers to take any additional graduate-level	7329
coursework in order to meet the credential requirements, that	7330
coursework shall be applicable to continuing education and	7331
professional development requirements for the renewal of the	7332
teacher's educator license.	7333

~~Sec. 3365.05.~~ Sec. 3365.12. (A) All courses offered under the	7334
college credit plus program shall be the same courses that are	7335
included in the partnering college's course catalogue for	7336
college-level, nonremedial courses and shall apply to at least one	7337
degree or professional certification at the partnering college.	7338

(B)(1) High school credit awarded for courses successfully	7339
completed under this chapter shall count toward the graduation	7340
requirements and subject area requirements of the ~~school district,~~	7341
~~community school, STEM~~public secondary school, or participating	7342
nonpublic secondary school. If a course comparable to one a	7343
~~student~~participant completed at a college is offered by the	7344
~~district or~~ school, the ~~board or school~~governing entity or	7345
governing body shall award comparable credit for the course	7346
completed at the college. If no comparable course is offered by	7347
the ~~district or~~ school, the ~~board or school~~governing entity or	7348
governing body shall grant an appropriate number of elective	7349
credits ~~in a similar subject area~~ to the ~~student~~participant.	7350

(2) If there is a dispute between a ~~school district board, a~~	7351
~~community school governing authority, or a STEM~~participant's	7352
school and a ~~student~~participant regarding high school credits	7353
granted for a course, the ~~student~~participant may appeal the	7354
decision to the state board of education. The state board's	7355
decision regarding any high school credits granted under this	7356
section is final.	7357

(C) Evidence of successful completion of each course and the	7358
high school credits awarded by the ~~district or~~ school shall be	7359
included in the student's record. The record shall indicate that	7360
the credits were earned as a participant under this chapter and	7361
shall include the name of the college at which the credits were	7362
earned. ~~The district or school shall determine whether and the~~	7363
~~manner in which the grade achieved in a course completed at a~~	7364
~~college under division (A)(2) or (B) of section 3365.04 of the~~	7365
~~Revised Code will be counted in any cumulative grade point average~~	7366
~~maintained for the student.~~	7367

Sec. 3365.13. (A) Each public secondary school shall	7368
develop, in consultation with at least one public partnering	7369
college, two model pathways for courses offered under the college	7370
credit plus program. One of the model pathways shall be a	7371
fifteen-credit hour pathway and one shall be a thirty-credit hour	7372
pathway. Each pathway shall include courses which, once completed,	7373
all apply to at least one degree or professional certification	7374
offered at the college. The pathways may be organized by desired	7375
major or career path or may include various core courses required	7376
for a degree or professional certification by the college. The	7377
school shall publish the pathways among the school's official list	7378
of course offerings from which a participant may select.	7379

(B) No participant shall be required to enroll only in the	7380
courses included in a model pathway developed under division (A)	7381
of this section. Instead, the pathways shall serve as samples of	7382
the courses that a participant may take, if desired, to earn	7383
multiple credits toward a specified degree or certification.	7384

Sec. 3365.15. The chancellor of the Ohio board of regents	7385
and the superintendent of public instruction jointly shall do all	7386
of the following:	7387

(A) Adopt data reporting guidelines specifying the types of	7388
data that public and participating nonpublic secondary schools and	7389
public and participating private colleges, including eligible	7390
out-of-state colleges participating in the program, must annually	7391
collect, report, and track under division (G) of section 3365.04	7392
and division (H) of section 3365.05 of the Revised Code. The types	7393
of data shall include all of the following:	7394

(1) For each secondary school and college:

7395

(a) The number of participants disaggregated by grade level,	7396
socioeconomic status, race, gender, and disability;	7397

(b) The number of completed courses and credit hours,	7398
disaggregated by the college in which participants were enrolled;	7399

(c) The number of courses in which participants enrolled,	7400
disaggregated by subject area and level of difficulty.	7401

(2) For each secondary school, the number of students who	7402
were denied participation in the program under division (A)(1)(a)	7403
or (C) of section 3365.03 or section 3365.031 or 3365.032 of the	7404
Revised Code. Each participating nonpublic secondary school shall	7405
also include the number of students who were denied participation	7406
due to the student not being awarded funding by the department of	7407
education pursuant to section 3365.071 of the Revised Code.	7408

(3) For each college:

7409

(a) The number of students who applied to enroll in the	7410
college under the program but were not granted admission;	7411

(b) The average number of completed courses per participant;

7412

(c) The average grade point average for participants in	7413
college courses under the program.	7414

The guidelines adopted under this division shall also include	7415
policies and procedures for the collection, reporting, and	7416
tracking of such data.	7417

(B) Annually compile the data required under division (A) of	7418
this section. Not later than the thirty-first day of December of	7419
each year, the data from the previous school year shall be posted	7420
in a prominent location on both the board of regents' and the	7421
department of education's web sites.	7422

(C) Submit a biennial report detailing the status of the	7423
college credit plus program to the governor, the president of the	7424
senate, the speaker of the house of representatives, and the	7425
chairpersons of the education committees of the senate and house	7426
of representatives. The first report shall be submitted not later	7427
than December 31, 2017, and each subsequent report shall be	7428
submitted not later than the thirty-first day of December every	7429
two years thereafter.	7430

(D) Establish a college credit plus advisory committee to	7431
assist in the development of performance metrics and the	7432
monitoring of the program's progress. At least one member of the	7433
advisory committee shall be a school guidance counselor.	7434

The chancellor shall also, in consultation with the	7435
superintendent, create a standard packet of information for the	7436
college credit plus program directed toward students and parents	7437
that are interested in the program.	7438

Sec. 5747.08. An annual return with respect to the tax	7439
imposed by section 5747.02 of the Revised Code and each tax	7440
imposed under Chapter 5748. of the Revised Code shall be made by	7441
every taxpayer for any taxable year for which the taxpayer is	7442
liable for the tax imposed by that section or under that chapter,	7443
unless the total credits allowed under divisions (E), (F), and (G)	7444
of section 5747.05 of the Revised Code for the year are equal to	7445
or exceed the tax imposed by section 5747.02 of the Revised Code,	7446
in which case no return shall be required unless the taxpayer is	7447
liable for a tax imposed pursuant to Chapter 5748. of the Revised	7448
Code.	7449

(A) If an individual is deceased, any return or notice	7450
required of that individual under this chapter shall be made and	7451
filed by that decedent's executor, administrator, or other person	7452
charged with the property of that decedent.	7453

(B) If an individual is unable to make a return or notice	7454
required by this chapter, the return or notice required of that	7455
individual shall be made and filed by the individual's duly	7456
authorized agent, guardian, conservator, fiduciary, or other	7457
person charged with the care of the person or property of that	7458
individual.	7459

(C) Returns or notices required of an estate or a trust shall	7460
be made and filed by the fiduciary of the estate or trust.	7461

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	7462
of this section, any pass-through entity may file a single return	7463
on behalf of one or more of the entity's investors other than an	7464
investor that is a person subject to the tax imposed under section	7465
5733.06 of the Revised Code. The single return shall set forth the	7466
name, address, and social security number or other identifying	7467
number of each of those pass-through entity investors and shall	7468
indicate the distributive share of each of those pass-through	7469
entity investor's income taxable in this state in accordance with	7470
sections 5747.20 to 5747.231 of the Revised Code. Such	7471
pass-through entity investors for whom the pass-through entity	7472
elects to file a single return are not entitled to the exemption	7473
or credit provided for by sections 5747.02 and 5747.022 of the	7474
Revised Code; shall calculate the tax before business credits at	7475
the highest rate of tax set forth in section 5747.02 of the	7476
Revised Code for the taxable year for which the return is filed;	7477
and are entitled to only their distributive share of the business	7478
credits as defined in division (D)(2) of this section. A single	7479
check drawn by the pass-through entity shall accompany the return	7480
in full payment of the tax due, as shown on the single return, for	7481
such investors, other than investors who are persons subject to	7482
the tax imposed under section 5733.06 of the Revised Code.	7483

(b)(i) A pass-through entity shall not include in such a	7484
single return any investor that is a trust to the extent that any	7485
direct or indirect current, future, or contingent beneficiary of	7486
the trust is a person subject to the tax imposed under section	7487
5733.06 of the Revised Code.	7488

(ii) A pass-through entity shall not include in such a single	7489
return any investor that is itself a pass-through entity to the	7490
extent that any direct or indirect investor in the second	7491
pass-through entity is a person subject to the tax imposed under	7492
section 5733.06 of the Revised Code.	7493

(c) Nothing in division (D) of this section precludes the tax	7494
commissioner from requiring such investors to file the return and	7495
make the payment of taxes and related interest, penalty, and	7496
interest penalty required by this section or section 5747.02,	7497
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	7498
of this section precludes such an investor from filing the annual	7499
return under this section, utilizing the refundable credit equal	7500
to the investor's proportionate share of the tax paid by the	7501
pass-through entity on behalf of the investor under division (J)	7502
of this section, and making the payment of taxes imposed under	7503
section 5747.02 of the Revised Code. Nothing in division (D) of	7504
this section shall be construed to provide to such an investor or	7505
pass-through entity any additional deduction or credit, other than	7506
the credit provided by division (J) of this section, solely on	7507
account of the entity's filing a return in accordance with this	7508
section. Such a pass-through entity also shall make the filing and	7509
payment of estimated taxes on behalf of the pass-through entity	7510
investors other than an investor that is a person subject to the	7511
tax imposed under section 5733.06 of the Revised Code.	7512

(2) For the purposes of this section, "business credits"	7513
means the credits listed in section 5747.98 of the Revised Code	7514
excluding the following credits:	7515

(a) The retirement credit under division (B) of section	7516
5747.055 of the Revised Code;	7517

(b) The senior citizen credit under division (C) of section	7518
5747.05 of the Revised Code;	7519

(c) The lump sum distribution credit under division (D) of	7520
section 5747.05 of the Revised Code;	7521

(d) The dependent care credit under section 5747.054 of the	7522
Revised Code;	7523

(e) The lump sum retirement income credit under division (C)	7524
of section 5747.055 of the Revised Code;	7525

(f) The lump sum retirement income credit under division (D)	7526
of section 5747.055 of the Revised Code;	7527

(g) The lump sum retirement income credit under division (E)	7528
of section 5747.055 of the Revised Code;	7529

(h) The credit for displaced workers who pay for job training	7530
under section 5747.27 of the Revised Code;	7531

(i) The twenty-dollar personal exemption credit under section	7532
5747.022 of the Revised Code;	7533

(j) The joint filing credit under division (G) of section	7534
5747.05 of the Revised Code;	7535

(k) The nonresident credit under division (A) of section	7536
5747.05 of the Revised Code;	7537

(l) The credit for a resident's out-of-state income under	7538
division (B) of section 5747.05 of the Revised Code;	7539

(m) The low-income credit under section 5747.056 of the	7540
Revised Code;	7541

(n) The earned income tax credit under section 5747.71 of the	7542
Revised Code;	7543

(o) The credit for law enforcement officer school volunteers	7544
or retired law enforcement officer school volunteers under section	7545
5747.64 of the Revised Code.	7546

(3) The election provided for under division (D) of this	7547
section applies only to the taxable year for which the election is	7548
made by the pass-through entity. Unless the tax commissioner	7549
provides otherwise, this election, once made, is binding and	7550
irrevocable for the taxable year for which the election is made.	7551
Nothing in this division shall be construed to provide for any	7552
deduction or credit that would not be allowable if a nonresident	7553
pass-through entity investor were to file an annual return.	7554

(4) If a pass-through entity makes the election provided for	7555
under division (D) of this section, the pass-through entity shall	7556
be liable for any additional taxes, interest, interest penalty, or	7557
penalties imposed by this chapter if the tax commissioner finds	7558
that the single return does not reflect the correct tax due by the	7559
pass-through entity investors covered by that return. Nothing in	7560
this division shall be construed to limit or alter the liability,	7561
if any, imposed on pass-through entity investors for unpaid or	7562
underpaid taxes, interest, interest penalty, or penalties as a	7563
result of the pass-through entity's making the election provided	7564
for under division (D) of this section. For the purposes of	7565
division (D) of this section, "correct tax due" means the tax that	7566
would have been paid by the pass-through entity had the single	7567
return been filed in a manner reflecting the commissioner's	7568
findings. Nothing in division (D) of this section shall be	7569
construed to make or hold a pass-through entity liable for tax	7570
attributable to a pass-through entity investor's income from a	7571
source other than the pass-through entity electing to file the	7572
single return.	7573

(E) If a husband and wife file a joint federal income tax	7574
return for a taxable year, they shall file a joint return under	7575
this section for that taxable year, and their liabilities are	7576
joint and several, but, if the federal income tax liability of	7577
either spouse is determined on a separate federal income tax	7578
return, they shall file separate returns under this section.	7579

If either spouse is not required to file a federal income tax	7580
return and either or both are required to file a return pursuant	7581
to this chapter, they may elect to file separate or joint returns,	7582
and, pursuant to that election, their liabilities are separate or	7583
joint and several. If a husband and wife file separate returns	7584
pursuant to this chapter, each must claim the taxpayer's own	7585
exemption, but not both, as authorized under section 5747.02 of	7586
the Revised Code on the taxpayer's own return.	7587

(F) Each return or notice required to be filed under this	7588
section shall contain the signature of the taxpayer or the	7589
taxpayer's duly authorized agent and of the person who prepared	7590
the return for the taxpayer, and shall include the taxpayer's	7591
social security number. Each return shall be verified by a	7592
declaration under the penalties of perjury. The tax commissioner	7593
shall prescribe the form that the signature and declaration shall	7594
take.	7595

(G) Each return or notice required to be filed under this	7596
section shall be made and filed as required by section 5747.04 of	7597
the Revised Code, on or before the fifteenth day of April of each	7598
year, on forms that the tax commissioner shall prescribe, together	7599
with remittance made payable to the treasurer of state in the	7600
combined amount of the state and all school district income taxes	7601
shown to be due on the form.	7602

Upon good cause shown, the commissioner may extend the period	7603
for filing any notice or return required to be filed under this	7604
section and may adopt rules relating to extensions. If the	7605
extension results in an extension of time for the payment of any	7606
state or school district income tax liability with respect to	7607
which the return is filed, the taxpayer shall pay at the time the	7608
tax liability is paid an amount of interest computed at the rate	7609
per annum prescribed by section 5703.47 of the Revised Code on	7610
that liability from the time that payment is due without extension	7611
to the time of actual payment. Except as provided in section	7612
5747.132 of the Revised Code, in addition to all other interest	7613
charges and penalties, all taxes imposed under this chapter or	7614
Chapter 5748. of the Revised Code and remaining unpaid after they	7615
become due, except combined amounts due of one dollar or less,	7616
bear interest at the rate per annum prescribed by section 5703.47	7617
of the Revised Code until paid or until the day an assessment is	7618
issued under section 5747.13 of the Revised Code, whichever occurs	7619
first.	7620

If the commissioner considers it necessary in order to ensure	7621
the payment of the tax imposed by section 5747.02 of the Revised	7622
Code or any tax imposed under Chapter 5748. of the Revised Code,	7623
the commissioner may require returns and payments to be made	7624
otherwise than as provided in this section.	7625

To the extent that any provision in this division conflicts	7626
with any provision in section 5747.026 of the Revised Code, the	7627
provision in that section prevails.	7628

(H) If any report, claim, statement, or other document	7629
required to be filed, or any payment required to be made, within a	7630
prescribed period or on or before a prescribed date under this	7631
chapter is delivered after that period or that date by United	7632
States mail to the agency, officer, or office with which the	7633
report, claim, statement, or other document is required to be	7634
filed, or to which the payment is required to be made, the date of	7635
the postmark stamped on the cover in which the report, claim,	7636
statement, or other document, or payment is mailed shall be deemed	7637
to be the date of delivery or the date of payment.	7638

If a payment is required to be made by electronic funds	7639
transfer pursuant to section 5747.072 of the Revised Code, the	7640
payment is considered to be made when the payment is received by	7641
the treasurer of state or credited to an account designated by the	7642
treasurer of state for the receipt of tax payments.	7643

"The date of the postmark" means, in the event there is more	7644
than one date on the cover, the earliest date imprinted on the	7645
cover by the United States postal service.	7646

(I) The amounts withheld by an employer pursuant to section	7647
5747.06 of the Revised Code, a casino operator pursuant to section	7648
5747.063 of the Revised Code, or a lottery sales agent pursuant to	7649
section 5747.064 of the Revised Code shall be allowed to the	7650
recipient of the compensation casino winnings, or lottery prize	7651
award as credits against payment of the appropriate taxes imposed	7652
on the recipient by section 5747.02 and under Chapter 5748. of the	7653
Revised Code.	7654

(J) If a pass-through entity elects to file a single return	7655
under division (D) of this section and if any investor is required	7656
to file the annual return and make the payment of taxes required	7657
by this chapter on account of the investor's other income that is	7658
not included in a single return filed by a pass-through entity or	7659
any other investor elects to file the annual return, the investor	7660
is entitled to a refundable credit equal to the investor's	7661
proportionate share of the tax paid by the pass-through entity on	7662
behalf of the investor. The investor shall claim the credit for	7663
the investor's taxable year in which or with which ends the	7664
taxable year of the pass-through entity. Nothing in this chapter	7665
shall be construed to allow any credit provided in this chapter to	7666
be claimed more than once. For the purpose of computing any	7667
interest, penalty, or interest penalty, the investor shall be	7668
deemed to have paid the refundable credit provided by this	7669
division on the day that the pass-through entity paid the	7670
estimated tax or the tax giving rise to the credit.	7671

(K) The tax commissioner shall ensure that each return	7672
required to be filed under this section includes a box that the	7673
taxpayer may check to authorize a paid tax preparer who prepared	7674
the return to communicate with the department of taxation about	7675
matters pertaining to the return. The return or instructions	7676
accompanying the return shall indicate that by checking the box	7677
the taxpayer authorizes the department of taxation to contact the	7678
preparer concerning questions that arise during the processing of	7679
the return and authorizes the preparer only to provide the	7680
department with information that is missing from the return, to	7681
contact the department for information about the processing of the	7682
return or the status of the taxpayer's refund or payments, and to	7683
respond to notices about mathematical errors, offsets, or return	7684
preparation that the taxpayer has received from the department and	7685
has shown to the preparer.	7686

(L) The tax commissioner shall permit individual taxpayers to	7687
instruct the department of taxation to cause any refund of	7688
overpaid taxes to be deposited directly into a checking account,	7689
savings account, or an individual retirement account or individual	7690
retirement annuity, or preexisting college savings plan or program	7691
account offered by the Ohio tuition trust authority under Chapter	7692
3334. of the Revised Code, as designated by the taxpayer, when the	7693
taxpayer files the annual return required by this section	7694
electronically.	7695

(M) The tax commissioner may adopt rules to administer this	7696
section.	7697

Sec. 5747.64. (A) As used in this section:

7698

(1) "Law enforcement officer" means a sheriff, deputy	7699
sheriff, constable, police officer of a township or joint police	7700
district, marshal, deputy marshal, municipal police officer, or	7701
state highway patrol trooper.	7702

(2) "School" means a public or nonpublic school. "School"	7703
excludes home instruction as authorized under section 3321.04 of	7704
the Revised Code.	7705

(3) "Public school" includes schools of a school district,	7706
STEM schools established under Chapter 3326. of the Revised Code,	7707
and community schools established under Chapter 3314. of the	7708
Revised Code.	7709

(4) "Nonpublic school" means a nonpublic school for which the	7710
state board of education has issued a charter pursuant to section	7711
3301.16 of the Revised Code and prescribes minimum standards under	7712
division (D)(2) of section 3301.07 of the Revised Code.	7713

(B) There is hereby allowed a nonrefundable credit against	7714
the tax imposed by section 5747.02 of the Revised Code for a	7715
taxpayer who is a law enforcement officer or retired law	7716
enforcement officer and who provides safety and security services	7717
in a school under section 3313.94 of the Revised Code without	7718
receiving compensation. The amount of the credit equals two	7719
dollars for each hour or part of an hour that the law enforcement	7720
officer or retired law enforcement officer provides such services,	7721
but the credit amount claimed by the officer shall not exceed five	7722
hundred dollars for any taxable year, not including any amount of	7723
credit carried forward from a prior year.	7724

The law enforcement officer or retired law enforcement	7725
officer shall claim the credit in the order required by section	7726
5747.98 of the Revised Code for the taxable year in which the	7727
officer provides such services. Any credit amount in excess of the	7728
tax due under section 5747.02 of the Revised Code, after allowing	7729
for any other credits preceding the credit in that order, may be	7730
carried forward for three taxable years, but the amount of the	7731
excess credit allowed in any such year shall be deducted from the	7732
balance carried forward to the next year.	7733

The tax commissioner may request that a law enforcement	7734
officer or retired law enforcement officer claiming a credit under	7735
this section furnish information as is necessary to support the	7736
claim for the credit under this section, and no credit shall be	7737
allowed unless the requested information is provided.	7738

Sec. 5747.98. (A) To provide a uniform procedure for	7739
calculating the amount of tax due under section 5747.02 of the	7740
Revised Code, a taxpayer shall claim any credits to which the	7741
taxpayer is entitled in the following order:	7742

(1) The retirement income credit under division (B) of	7743
section 5747.055 of the Revised Code;	7744

(2) The senior citizen credit under division (C) of section	7745
5747.05 of the Revised Code;	7746

(3) The lump sum distribution credit under division (D) of	7747
section 5747.05 of the Revised Code;	7748

(4) The dependent care credit under section 5747.054 of the	7749
Revised Code;	7750

(5) The lump sum retirement income credit under division (C)	7751
of section 5747.055 of the Revised Code;	7752

(6) The lump sum retirement income credit under division (D)	7753
of section 5747.055 of the Revised Code;	7754

(7) The lump sum retirement income credit under division (E)	7755
of section 5747.055 of the Revised Code;	7756

(8) The low-income credit under section 5747.056 of the	7757
Revised Code;	7758

(9) The credit for displaced workers who pay for job training	7759
under section 5747.27 of the Revised Code;	7760

(10) The campaign contribution credit under section 5747.29	7761
of the Revised Code;	7762

(11) The twenty-dollar personal exemption credit under	7763
section 5747.022 of the Revised Code;	7764

(12) The joint filing credit under division (G) of section	7765
5747.05 of the Revised Code;	7766

(13) The nonresident credit under division (A) of section	7767
5747.05 of the Revised Code;	7768

(14) The credit for a resident's out-of-state income under	7769
division (B) of section 5747.05 of the Revised Code;	7770

(15) The earned income credit under section 5747.71 of the	7771
Revised Code;	7772

(16) The credit for employers that reimburse employee child	7773
care expenses under section 5747.36 of the Revised Code;	7774

(17) The credit for adoption of a minor child under section	7775
5747.37 of the Revised Code;	7776

(18) The credit for purchases of lights and reflectors under	7777
section 5747.38 of the Revised Code;	7778

(19) The nonrefundable job retention credit under division	7779
(B) of section 5747.058 of the Revised Code;	7780

(20) The credit for selling alternative fuel under section	7781
5747.77 of the Revised Code;	7782

(21) The second credit for purchases of new manufacturing	7783
machinery and equipment and the credit for using Ohio coal under	7784
section 5747.31 of the Revised Code;	7785

(22) The job training credit under section 5747.39 of the	7786
Revised Code;	7787

(23) The enterprise zone credit under section 5709.66 of the	7788
Revised Code;	7789

(24) The credit for the eligible costs associated with a	7790
voluntary action under section 5747.32 of the Revised Code;	7791

(25) The credit for employers that establish on-site child	7792
day-care centers under section 5747.35 of the Revised Code;	7793

(26) The ethanol plant investment credit under section	7794
5747.75 of the Revised Code;	7795

(27) The nonrefundable credit for law enforcement officer	7796
school volunteers or retired law enforcement officer school	7797
volunteers under section 5747.64 of the Revised Code;	7798

(28) The credit for purchases of qualifying grape production	7799
property under section 5747.28 of the Revised Code;	7800

~~(28)~~(29) The small business investment credit under section	7801
5747.81 of the Revised Code;	7802

~~(29)~~(30) The enterprise zone credits under section 5709.65 of	7803
the Revised Code;	7804

~~(30)~~(31) The research and development credit under section	7805
5747.331 of the Revised Code;	7806

~~(31)~~(32) The credit for rehabilitating a historic building	7807
under section 5747.76 of the Revised Code;	7808

~~(32)~~(33) The refundable credit for rehabilitating a historic	7809
building under section 5747.76 of the Revised Code;	7810

~~(33)~~(34) The refundable jobs creation credit or job retention	7811
credit under division (A) of section 5747.058 of the Revised Code;	7812

~~(34)~~(35) The refundable credit for taxes paid by a qualifying	7813
entity granted under section 5747.059 of the Revised Code;	7814

~~(35)~~(36) The refundable credits for taxes paid by a	7815
qualifying pass-through entity granted under division (J) of	7816
section 5747.08 of the Revised Code;	7817

~~(36)~~(37) The refundable credit under section 5747.80 of the	7818
Revised Code for losses on loans made to the Ohio venture capital	7819
program under sections 150.01 to 150.10 of the Revised Code;	7820

~~(37)~~(38) The refundable motion picture production credit	7821
under section 5747.66 of the Revised Code.;	7822

~~(38)~~(39) The refundable credit for financial institution	7823
taxes paid by a pass-through entity granted under section 5747.65	7824
of the Revised Code.	7825

(B) For any credit, except the refundable credits enumerated	7826
in this section and the credit granted under division (I) of	7827
section 5747.08 of the Revised Code, the amount of the credit for	7828
a taxable year shall not exceed the tax due after allowing for any	7829
other credit that precedes it in the order required under this	7830
section. Any excess amount of a particular credit may be carried	7831
forward if authorized under the section creating that credit.	7832
Nothing in this chapter shall be construed to allow a taxpayer to	7833
claim, directly or indirectly, a credit more than once for a	7834
taxable year.	7835

Section 2. That existing sections 133.06, 921.06, 3301.0712,	7836
3301.0714, 3301.0715, 3302.03, 3302.10, 3310.03, 3310.031,	7837
3310.032, 3311.24, 3311.38, 3311.86, 3313.372, 3313.537, 3313.603,	7838
3313.6013, 3313.6016, 3313.612, 3313.843, 3313.90, 3313.975,	7839
3314.015, 3314.016, 3314.02, 3314.03, 3314.08, 3317.03, 3319.22,	7840
3319.26, 3324.07, 3326.11, 3326.36, 3328.24, 3331.04, 3333.041,	7841
3333.35, 3333.43, 3333.86, 3345.06, 3365.04, 3365.041, 3365.05,	7842
3365.06, 3365.08, 3365.11, 5747.08, and 5747.98 and sections	7843
3310.05, 3345.062, 3365.01, 3365.02, 3365.021, 3365.022, 3365.03,	7844
3365.07, 3365.09, 3365.10, 3365.12, and 3365.15 of the Revised	7845
Code are hereby repealed.	7846

Section 3. That the version of section 3314.016 of the	7847
Revised Code that is scheduled to take effect January 1, 2015, be	7848
amended to read as follows:	7849

Sec. 3314.016. This section applies to any entity that	7850
sponsors a community school, regardless of whether section	7851
3314.021 or 3314.027 of the Revised Code exempts the entity from	7852
the requirement to be approved for sponsorship under divisions	7853
(A)(2) and (B)(1) of section 3314.015 of the Revised Code. ~~The~~	7854
~~office of Ohio school sponsorship established under section~~	7855
~~3314.029 of the Revised Code shall be rated under division (B) of~~	7856
~~this section, but divisions (A) and (C) of this section do not~~	7857
~~apply to the office.~~	7858

(A) An entity that sponsors a community school shall be	7859
permitted to enter into contracts under section 3314.03 of the	7860
Revised Code to sponsor additional community schools only if the	7861
entity meets both of the following criteria:	7862

(1) The entity is in compliance with all provisions of this	7863
chapter requiring sponsors of community schools to report data or	7864
information to the department of education.	7865

(2) The entity is not rated as "ineffective" under division	7866
(B)(6) of this section.	7867

(B)(1) For purposes of this section, the department shall	7868
develop and implement an evaluation system, in conjunction with a	7869
statewide nonprofit organization whose membership is comprised	7870
solely of entities that sponsor community schools and whose	7871
members sponsor the majority of start-up community schools in the	7872
state, that rates each entity that sponsors a community school	7873
based on the following components:	7874

(a) Academic performance of students enrolled in community	7875
schools sponsored by the same entity;. This metric shall be	7876
measured using assessments selected or approved by the department,	7877
which shall be administered so as to measure student performance	7878
at a particular point in time in a school year and rates of	7879
student improvement on those same assessments while enrolled in	7880
the school. The measure specified under division (B)(1)(a) of this	7881
section shall be calculated on an annual basis.	7882

(b) Adherence by a sponsor to the quality practices	7883
prescribed by the department under division (B)(3) of this	7884
section. The department shall not include this measure in the	7885
sponsor evaluation rating system until the department prescribes	7886
quality practices and develops an instrument to measure adherence	7887
to those practices under division (B)(3) of this section. The	7888
department shall determine a schedule for completing a review of	7889
and calculating the measure specified under division (B)(1)(b) of	7890
this section. For a sponsor rated as "effective" on the measure	7891
specified under division (B)(1)(b) of this section, that rating	7892
shall be valid for three years. For a sponsor rated as "exemplary"	7893
on the measure specified under division (B)(1)(b) of this section,	7894
that rating shall be valid for five years.	7895

(c) Compliance with applicable laws and administrative rules	7896
by an entity that sponsors a community school. The department	7897
shall determine a schedule for completing a review of and	7898
calculating the measure specified under division (B)(1)(c) of this	7899
section. The review shall be conducted on an annual basis through	7900
electronic means, rather than by a site visit, unless	7901
circumstances do not permit review by electronic means.	7902

(2) In calculating an academic performance component, the	7903
department shall exclude all of the following:	7904

(a) All community schools that have been in operation for not	7905
more than two full school years;	7906

(b) All community schools described in division (A)(4)(b) of	7907
section 3314.35 of the Revised Code.	7908

(3) The department, in consultation with entities that	7909
sponsor community schools, shall prescribe quality practices for	7910
community school sponsors and develop an instrument to measure	7911
adherence to those quality practices. The quality practices shall	7912
be based on standards developed by the national association of	7913
charter school authorizers or any other nationally organized	7914
community school organization.	7915

(4)(a) The department ~~may~~shall permit peer review of a	7916
sponsor's adherence to the quality practices prescribed under	7917
division (B)(3) of this section.	7918

(b) The department shall require individuals participating in	7919
peer review under division (B)(4)(a) of this section to complete	7920
training approved or established by the department and to possess	7921
significant experience working for an entity that sponsors	7922
community schools in the state.	7923

(c) The department ~~may enter into an agreement with another~~	7924
~~entity to~~shall provide training to individuals conducting peer	7925
review of sponsors by entering into an agreement with a statewide	7926
nonprofit organization whose membership is comprised solely of	7927
entities that sponsor community schools and whose members sponsor	7928
the majority of start-up community schools in the state for that	7929
training. Prior to entering into an agreement ~~with an entity~~, the	7930
department shall review and approve of the entity's training	7931
program.	7932

(5) Not later than July 1, 2013, the state board of education	7933
shall adopt rules in accordance with Chapter 119. of the Revised	7934
Code prescribing standards for measuring compliance with	7935
applicable laws and rules under division (B)(1)(c) of this	7936
section.	7937

(6) The department annually shall rate all entities that	7938
sponsor community schools as either "exemplary," "effective," or	7939
"ineffective," based on the components prescribed by division (B)	7940
of this section, where each component is weighted equally, except	7941
that entities sponsoring community schools for the first time may	7942
be assigned the rating of "emerging" for only the first two	7943
consecutive years.	7944

The department shall publish the ratings between the first	7945
day of October and the fifteenth day of October.	7946

(7)(a) Prior to the 2014-2015 school year, student academic	7947
performance prescribed under division (B)(1)(a) of this section	7948
shall not include student academic performance data from community	7949
schools that primarily serve students enrolled in a dropout	7950
prevention and recovery program as described in division (A)(4)(a)	7951
of section 3314.35 of the Revised Code.	7952

(b) For the 2014-2015 school year and each school year	7953
thereafter, student academic performance prescribed under division	7954
(B)(1)(a) of this section shall include student academic	7955
performance data from community schools that primarily serve	7956
students enrolled in a dropout prevention and recovery program.	7957

(C) If the governing authority of a community school enters	7958
into a contract with a sponsor prior to the date on which the	7959
sponsor is prohibited from sponsoring additional schools under	7960
division (A) of this section and the school has not opened for	7961
operation as of that date, that contract shall be void and the	7962
school shall not open until the governing authority secures a new	7963
sponsor by entering into a contract with the new sponsor under	7964
section 3314.03 of the Revised Code. However, the department's	7965
office of Ohio school sponsorship, established under section	7966
3314.029 of the Revised Code, may assume the sponsorship of the	7967
school until the earlier of the expiration of two school years or	7968
until a new sponsor is secured by the school's governing	7969
authority. A community school sponsored by the department under	7970
this division shall not be included when calculating the maximum	7971
number of directly authorized community schools permitted under	7972
division (A)(3) of section 3314.029 of the Revised Code.	7973

(D)(1) The office of Ohio school sponsorship established	7974
under section 3314.029 of the Revised Code shall be rated using	7975
the evaluation system prescribed by division (B) of this section,	7976
but divisions (A) and (C) of this section do not apply to the	7977
office.	7978

(2) Not later than July 1, 2016, and not later than the first	7979
day of July every fifth year thereafter, the evaluation panel	7980
created under division (D)(3) of this section shall rate the	7981
office of Ohio school sponsorship using the evaluation system	7982
under division (B) of this section.	7983

(3) The panel that rates the office of Ohio school	7984
sponsorship shall consist of one representative each from the	7985
following organizations:	7986

(a) A statewide nonprofit organization whose membership is	7987
composed solely of entities that sponsor community schools and	7988
whose members sponsor the majority of start-up community schools	7989
in the state;	7990

(b) An educational service center approved to sponsor	7991
community schools statewide;	7992

(c) A school district that sponsors one or more community	7993
schools that is not a municipal school district;	7994

(d) A qualified tax-exempt entity under section 501(c)(3) of	7995
the Internal Revenue Code approved to sponsor community schools;	7996

(e) Any municipal school district transformation alliance	7997
established under section 3311.86 of the Revised Code.	7998

Vacancies shall be filled in the manner of the original	7999
appointments.	8000

Section 4. That the existing version of section 3314.016 of	8001
the Revised Code that is scheduled to take effect January 1, 2015,	8002
is hereby repealed.	8003

Section 5. That Sections 3 and 4 of this act shall take	8004
effect January 1, 2015.	8005

Section 6. (A) There is hereby created the School Based	8006
Health Care Advisory Workgroup. The Workgroup shall consist of the	8007
following members:	8008

(1) The Superintendent of Public Instruction or the	8009
Superintendent's designee;	8010

(2) The Director of Developmental Disabilities or the	8011
Director's designee;	8012

(3) The Director of Health or the Director's designee;

8013

(4) The Director of Job and Family Services or the Director's	8014
designee;	8015

(5) The Director of Medicaid or the Director's designee;

8016

(6) The Director of Mental Health and Addiction Services or	8017
the Director's designee;	8018

(7) The Director of the Office of Health Transformation or	8019
the Director's designee, who shall serve as chairperson;	8020

(8) One representative from each of the following	8021
organizations, appointed by the organization's chief executive	8022
officer or the individual serving in an equivalent capacity for	8023
the organization:	8024

(a) The Association of Ohio Health Commissioners;

8025

(b) The Buckeye Association of School Administrators;

8026

8027

(d) The Greater Cincinnati Community Learning Institute;

8028

(e) The Ohio Association of Community Health Centers;

8029

(f) The Ohio Association of Health Plans;

8030

(g) The Ohio Association of School Nurses;

8031

(h) The Ohio Business Roundtable;

8032

(i) The Ohio Chamber of Commerce;

8033

(j) The Ohio Chapter of the American Academy of Pediatrics;

8034

(k) The Ohio Children's Hospital Association;

8035

(l) The Ohio Commission on Minority Health;

8036

(m) The Ohio Council of Behavioral Health and Family Services	8037
Providers;	8038

(n) The Ohio Dental Association;

8039

(o) The Ohio Optometric Association;

8040

(p) The Ohio Parent Teacher Association;

8041

(q) The Ohio State Medical Association;

8042

(r) The Public Children Services Association of Ohio;

8043

(s) Voices for Ohio's Children;

8044

(t) The Ohio Federation of Teachers;

8045

(u) The Ohio Association of County Behavioral Health	8046
Authorities.	8047

(9) Two members of the House of Representatives, one from the	8048
majority party and the other from the minority party, appointed by	8049
the Speaker of the House of Representatives;	8050

(10) Two members of the Senate, one from the majority party	8051
and the other from the minority party, appointed by the President	8052
of the Senate.	8053

(B) The Workgroup shall do all of the following:

8054

(1) Review evidence of the correlation between student health	8055
and academic achievement;	8056

(2) Identify existing best practices to improve academic	8057
achievement through better student health;	8058

(3) Based on existing best practices, recommend one or more	8059
models for communities that want to improve academic achievement	8060
through better student health;	8061

(4) Recommend financial strategies to sustain the models over	8062
time, with an emphasis on health coverage through commercial	8063
insurance and Medicaid, not other governmental subsidies;	8064

(5) Recommend health care service delivery strategies that	8065
are known to improve health outcomes, such as patient-centered	8066
medical homes;	8067

(6) Explore the community learning center model delivery of	8068
student health care services;	8069

(7) Ensure that all recommendations adhere to state and	8070
federal law.	8071

(C)(1) Appointments to the Workgroup shall be made not later	8072
than fifteen days after the effective date of this section.	8073
Vacancies shall be filled in the same manner as the original	8074
appointments.	8075

(2) Members of the Workgroup shall serve without compensation	8076
or reimbursement for expenses incurred while serving on the	8077
Workgroup, except to the extent that serving on the Workgroup is	8078
considered to be among the member's employment duties.	8079

(D) The Workgroup shall prepare a report of its findings and	8080
recommendations and, not later than December 31, 2014, submit the	8081
report to the General Assembly. Upon submission of the report, the	8082
Workgroup shall cease to exist.	8083

Section 7. (A) Notwithstanding anything to the contrary in	8084
Chapter 3365. of the Revised Code, for the 2014-2015 school year,	8085
the program established under that chapter shall continue to	8086
operate as the Post-Secondary Enrollment Options Program, as it	8087
existed under that chapter prior to the effective date of this	8088
section. All rules for the Post-Secondary Enrollment Options	8089
Program in effect on the effective date of this section shall	8090
continue to govern that program for the 2014-2015 school year. The	8091
College Credit Plus Program, as codified in Chapter 3365. of the	8092
Revised Code, as it is revised by this act, shall begin operation	8093
for the 2015-2016 school year. Beginning on the effective date of	8094
this section, the Department of Education, State Board of	8095
Education, and Chancellor of the Ohio Board of Regents shall take	8096
the necessary steps to adopt rules, guidelines, and procedures and	8097
to create any necessary forms and documents so that the College	8098
Credit Plus Program is fully operational for the 2015-2016 school	8099
year in accordance with Chapter 3365. of the Revised Code, as it	8100
is revised by this act.	8101

(B) In accordance with division (A) of this section, all	8102
participants who enroll, or who have taken preliminary action to	8103
enroll, in an institution of higher education for the 2014-2015	8104
school year pursuant to Chapter 3365. of the Revised Code, as it	8105
existed prior to the effective date of this section, or rules	8106
adopted under that version of that chapter, shall participate in	8107
the Post-Secondary Enrollment Options Program, as it existed prior	8108
to the effective date of this section. Participants enrolled in an	8109
institution of higher education under the Post-Secondary	8110
Enrollment Options Program during the 2014-2015 school year shall	8111
continue to be subject to the provisions of Chapter 3365. of the	8112
Revised Code, as it existed prior to the effective date of this	8113
section.	8114

(C) For the 2014-2015 school year, all participants who	8115
enroll, or who have taken preliminary action to enroll, in a dual	8116
enrollment program as defined in section 3313.6013 of the Revised	8117
Code, as it existed prior to the effective date of this section,	8118
to participate during that school year in the dual enrollment	8119
program shall participate under the specified dual enrollment	8120
program in which the student enrolled and shall continue to be	8121
subject to the provisions of section 3313.6013 of the Revised	8122
Code, as it existed prior to the effective date of this section.	8123

(D) Any agreement entered into for the 2014-2015 school year	8124
regarding either the Post-Secondary Enrollment Options Program	8125
under Chapter 3365. of the Revised Code, as it existed prior to	8126
the effective date of this section, or any dual enrollment	8127
program, as defined in section 3313.6013 of the Revised Code as it	8128
existed prior to the effective date of this section, shall	8129
continue in force, pursuant to the terms of that agreement, for	8130
the 2014-2015 school year.	8131

(E) For the 2013-2014 and 2014-2015 school years, the	8132
Department of Education shall make all payments that the	8133
Department is obligated to pay pursuant to section 3365.07 of the	8134
Revised Code, as it existed prior to the effective date of this	8135
section, for participants who enroll in an institution of higher	8136
education under Chapter 3365. of the Revised Code, as it existed	8137
prior to the effective date of this section.	8138

(F) For the 2014-2015 school year only, whenever the term	8139
"College Credit Plus Program" is used, referred to, or designated	8140
in any provision of the Revised Code outside of Chapter 3365. of	8141
the Revised Code, the use, reference, or designation shall be	8142
construed to mean the "Post-Secondary Enrollment Options Program."	8143

Section 8. (A) Not later than March 31, 2015, the Chancellor	8144
of the Ohio Board of Regents shall do both of the following with	8145
regard to remediation-free standards for students enrolled in	8146
state institutions of higher education, as defined in section	8147
3345.011 of the Revised Code:	8148

(1) Identify one or more nationally normed assessments that	8149
may be used to demonstrate remediation-free status;	8150

(2) Establish score levels in the areas of mathematics,	8151
reading, and writing for each assessment that represent	8152
remediation-free status and are comparable to, or higher than, the	8153
standards and score levels adopted pursuant to division (F) of	8154
section 3345.061 of the Revised Code.	8155

(B) Any state institution may use the assessments and adopt	8156
the remediation-free score levels identified under division (A) of	8157
this section to determine if a student meets the standards for	8158
remediation-free status.	8159

Section 9. The amendment or enactment by this act of sections	8160
5747.08, 5747.64, and 5747.98 of the Revised Code applies to	8161
taxable years ending on or after the effective date of this act.	8162