As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 487

Representative Brenner

Cosponsors: Representatives Anielski, Grossman, Henne, Stebelton, Terhar Speaker Batchelder
Senators Lehner, Gardner, Hite, Sawyer

A BILL

To amend sections 133.06, 149.433, 921.06, 3301.079,

3301.0711, 3301.0712, 3301.0714, 3301.0715,

3302.03, 3302.10, 3310.03, 3310.031, 3310.13,

3310.14, 3310.522, 3311.24, 3311.25, 3311.38,

3311.86, 3313.372, 3313.537, 3313.539, 3313.603,

3313.6013, 3313.6014, 3313.6016, 3313.61,

3313.612, 3313.843, 3313.90, 3314.02, 3314.029,

3314.03, 3314.08, 3317.03, 3318.70, 3319.111,

3319.112, 3319.22, 3319.26, 3319.31, 3321.07,

3321.08, 3324.07, 3325.02, 3325.06, 3325.07,

3325.10, 3326.11, 3326.36, 3328.24, 3328.25,

3331.04, 3333.041, 3333.35, 3333.43, 3333.86,

3345.06, 3345.061, 3365.04, 3365.041, 3365.05,

3365.06, 3365.08, 3365.11, 3707.511, and 5705.10;

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 3313.536,

3365.01, 3365.02, 3365.03, 3365.04, 3365.05,

3365.07, 3365.10, 3365.11, and 3365.15 and

sections 3301.078, 3301.163, 3301.947, 3302.036,

3302.15, 3311.241, 3311.251, 3313.21, 3313.212,

3313.6020, 3314.191, 3314.352, 3325.071, 3325.09,

3325.17, 3326.29, 3365.033, 3365.071, 3365.13, and

3707.521; and to repeal sections 3313.536,

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

versions of sections 3314.03 and 3326.11 of the

Revised Code that result from Section 1 of this

act and to repeal section 3313.6015 of the Revised

Code on July 1, 2015, 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, 149.433, 921.06, 3301.079,	36
3301.0711, 3301.0712, 3301.0714, 3301.0715, 3302.03, 3302.10,	37
3310.03, 3310.031, 3310.13, 3310.14, 3310.522, 3311.24, 3311.25,	38
3311.38, 3311.86, 3313.372, 3313.537, 3313.539, 3313.603,	39
3313.6013, 3313.6014, 3313.6016, 3313.61, 3313.612, 3313.843,	40
3313.90, 3314.02, 3314.029, 3314.03, 3314.08, 3317.03, 3318.70,	41
3319.111, 3319.112, 3319.22, 3319.26, 3319.31, 3321.07, 3321.08,	42
3324.07, 3325.02, 3325.06, 3325.07, 3325.10, 3326.11, 3326.36,	43
3328.24, 3328.25, 3331.04, 3333.041, 3333.35, 3333.43, 3333.86,	44
3345.06, 3345.061, 3365.04, 3365.041, 3365.05, 3365.06, 3365.08,	45
3365.11, 3707.511 and 5705.10 be amended; sections 3365.04	46
(3365.06), 3365.041 (3365.032), 3365.05 (3365.12), 3365.06	47
(3365.031), and 3365.11 (3365.09) be amended for the purpose of	48
adopting new section numbers as indicated in parentheses; and new	49
sections 3313.536, 3365.01, 3365.02, 3365.03, 3365.04, 3365.05,	50
3365.07, 3365.10, 3365.11, and 3365.15 and sections 3301.078,	51
3301.163, 3301.947, 3302.036, 3302.15, 3311.241, 3311.251,	52
3313.21, 3313.212, 3313.6020, 3314.191, 3314.352, 3325.071,	53
3325.09, 3325.17, 3326.29, 3365.033, 3365.071, 3365.13, and	54
3707.521 of the Revised Code be enacted to read as follows:	55

Sec. 133.06. (A) A school district shall not incur, without	56
a vote of the electors, net indebtedness that exceeds an amount	57
equal to one-tenth of one per cent of its tax valuation, except as	58
provided in divisions (G) and (H) of this section and in division	59
(C) of section 3313.372 of the Revised Code, or as prescribed in	60
section 3318.052 or 3318.44 of the Revised Code, or as provided in	61
division (J) of this section.	62

(B) Except as provided in divisions (E), (F), and (I) of this	63
section, a school district shall not incur net indebtedness that	64
exceeds an amount equal to nine per cent of its tax valuation.	65

(C) A school district shall not submit to a vote of the	66
electors the question of the issuance of securities in an amount	67
that will make the district's net indebtedness after the issuance	68
of the securities exceed an amount equal to four per cent of its	69
tax valuation, unless the superintendent of public instruction,	70
acting under policies adopted by the state board of education, and	71
the tax commissioner, acting under written policies of the	72
commissioner, consent to the submission. A request for the	73
consents shall be made at least one hundred twenty days prior to	74
the election at which the question is to be submitted.	75

The superintendent of public instruction shall certify to the	76
district the superintendent's and the tax commissioner's decisions	77
within thirty days after receipt of the request for consents.	78

If the electors do not approve the issuance of securities at	79
the election for which the superintendent of public instruction	80
and tax commissioner consented to the submission of the question,	81
the school district may submit the same question to the electors	82
on the date that the next special election may be held under	83
section 3501.01 of the Revised Code without submitting a new	84
request for consent. If the school district seeks to submit the	85
same question at any other subsequent election, the district shall	86
first submit a new request for consent in accordance with this	87
division.	88

(D) In calculating the net indebtedness of a school district,	89
none of the following shall be considered:	90

(1) Securities issued to acquire school buses and other	91
equipment used in transporting pupils or issued pursuant to	92
division (D) of section 133.10 of the Revised Code;	93

(2) Securities issued under division (F) of this section,	94
under section 133.301 of the Revised Code, and, to the extent in	95
excess of the limitation stated in division (B) of this section,	96
under division (E) of this section;	97

(3) Indebtedness resulting from the dissolution of a joint	98
vocational school district under section 3311.217 of the Revised	99
Code, evidenced by outstanding securities of that joint vocational	100
school district;	101

(4) Loans, evidenced by any securities, received under	102
sections 3313.483, 3317.0210, and 3317.0211 of the Revised Code;	103

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

104

(6) Debt incurred pursuant to division (B)(5) of section	105
3313.37 of the Revised Code to acquire computers and related	106
hardware;	107

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

108

(E) A school district may become a special needs district as	109
to certain securities as provided in division (E) of this section.	110

(1) A board of education, by resolution, may declare its	111
school district to be a special needs district by determining both	112
of the following:	113

(a) The student population is not being adequately serviced	114
by the existing permanent improvements of the district.	115

(b) The district cannot obtain sufficient funds by the	116
issuance of securities within the limitation of division (B) of	117
this section to provide additional or improved needed permanent	118
improvements in time to meet the needs.	119

(2) The board of education shall certify a copy of that	120
resolution to the superintendent of public instruction with a	121
statistical report showing all of the following:	122

(a) The history of and a projection of the growth of the tax	123
valuation;	124

(b) The projected needs;

125

(c) The estimated cost of permanent improvements proposed to	126
meet such projected needs.	127

(3) The superintendent of public instruction shall certify	128
the district as an approved special needs district if the	129
superintendent finds both of the following:	130

(a) The district does not have available sufficient	131
additional funds from state or federal sources to meet the	132
projected needs.	133

(b) The projection of the potential average growth of tax	134
valuation during the next five years, according to the information	135
certified to the superintendent and any other information the	136
superintendent obtains, indicates a likelihood of potential	137
average growth of tax valuation of the district during the next	138
five years of an average of not less than one and one-half per	139
cent per year. The findings and certification of the	140
superintendent shall be conclusive.	141

(4) An approved special needs district may incur net	142
indebtedness by the issuance of securities in accordance with the	143
provisions of this chapter in an amount that does not exceed an	144
amount equal to the greater of the following:	145

(a) Twelve per cent of the sum of its tax valuation plus an	146
amount that is the product of multiplying that tax valuation by	147
the percentage by which the tax valuation has increased over the	148
tax valuation on the first day of the sixtieth month preceding the	149
month in which its board determines to submit to the electors the	150
question of issuing the proposed securities;	151

(b) Twelve per cent of the sum of its tax valuation plus an	152
amount that is the product of multiplying that tax valuation by	153
the percentage, determined by the superintendent of public	154
instruction, by which that tax valuation is projected to increase	155
during the next ten years.	156

(F) A school district may issue securities for emergency	157
purposes, in a principal amount that does not exceed an amount	158
equal to three per cent of its tax valuation, as provided in this	159
division.	160

(1) A board of education, by resolution, may declare an	161
emergency if it determines both of the following:	162

(a) School buildings or other necessary school facilities in	163
the district have been wholly or partially destroyed, or condemned	164
by a constituted public authority, or that such buildings or	165
facilities are partially constructed, or so constructed or planned	166
as to require additions and improvements to them before the	167
buildings or facilities are usable for their intended purpose, or	168
that corrections to permanent improvements are necessary to remove	169
or prevent health or safety hazards.	170

(b) Existing fiscal and net indebtedness limitations make	171
adequate replacement, additions, or improvements impossible.	172

(2) Upon the declaration of an emergency, the board of	173
education may, by resolution, submit to the electors of the	174
district pursuant to section 133.18 of the Revised Code the	175
question of issuing securities for the purpose of paying the cost,	176
in excess of any insurance or condemnation proceeds received by	177
the district, of permanent improvements to respond to the	178
emergency need.	179

(3) The procedures for the election shall be as provided in	180
section 133.18 of the Revised Code, except that:	181

(a) The form of the ballot shall describe the emergency	182
existing, refer to this division as the authority under which the	183
emergency is declared, and state that the amount of the proposed	184
securities exceeds the limitations prescribed by division (B) of	185
this section;	186

(b) The resolution required by division (B) of section 133.18	187
of the Revised Code shall be certified to the county auditor and	188
the board of elections at least one hundred days prior to the	189
election;	190

(c) The county auditor shall advise and, not later than	191
ninety-five days before the election, confirm that advice by	192
certification to, the board of education of the information	193
required by division (C) of section 133.18 of the Revised Code;	194

(d) The board of education shall then certify its resolution	195
and the information required by division (D) of section 133.18 of	196
the Revised Code to the board of elections not less than ninety	197
days prior to the election.	198

(4) Notwithstanding division (B) of section 133.21 of the	199
Revised Code, the first principal payment of securities issued	200
under this division may be set at any date not later than sixty	201
months after the earliest possible principal payment otherwise	202
provided for in that division.	203

(G)(1) The board of education may contract with an architect,	204
professional engineer, or other person experienced in the design	205
and implementation of energy conservation measures for an analysis	206
and recommendations pertaining to installations, modifications of	207
installations, or remodeling that would significantly reduce	208
energy consumption in buildings owned by the district. The report	209
shall include estimates of all costs of such installations,	210
modifications, or remodeling, including costs of design,	211
engineering, installation, maintenance, repairs, measurement and	212
verification of energy savings, and debt service, forgone residual	213
value of materials or equipment replaced by the energy	214
conservation measure, as defined by the Ohio school facilities	215
commission, a baseline analysis of actual energy consumption data	216
for the preceding three years with the utility baseline based on	217
only the actual energy consumption data for the preceding twelve	218
months, and estimates of the amounts by which energy consumption	219
and resultant operational and maintenance costs, as defined by the	220
commission, would be reduced.	221

If the board finds after receiving the report that the amount	222
of money the district would spend on such installations,	223
modifications, or remodeling is not likely to exceed the amount of	224
money it would save in energy and resultant operational and	225
maintenance costs over the ensuing fifteen years, the board may	226
submit to the commission a copy of its findings and a request for	227
approval to incur indebtedness to finance the making or	228
modification of installations or the remodeling of buildings for	229
the purpose of significantly reducing energy consumption.	230

The school facilities commission, in consultation with the	231
auditor of state, may deny a request under this division by the	232
board of education any school district is in a state of fiscal	233
watch pursuant to division (A) of section 3316.03 of the Revised	234
Code, if it determines that the expenditure of funds is not in the	235
best interest of the school district.	236

No district board of education of a school district that is	237
in a state of fiscal emergency pursuant to division (B) of section	238
3316.03 of the Revised Code shall submit a request without	239
submitting evidence that the installations, modifications, or	240
remodeling have been approved by the district's financial planning	241
and supervision commission established under section 3316.05 of	242
the Revised Code.	243

No board of education of a school district that, for three or	244
more consecutive years, has been declared to be in a state of	245
academic emergency under section 3302.03 of the Revised Code, as	246
that section existed prior to March 22, 2013, and has failed to	247
meet adequate yearly progress, or has met any condition set forth	248
in division (A)(2),or (3)~~, or (4)~~ of section 3302.10 of the	249
Revised Code shall submit a request without first receiving	250
approval to incur indebtedness from the district's academic	251
distress commission established under that section, for so long as	252
such commission continues to be required for the district.	253

(2) The school facilities commission shall approve the	254
board's request provided that the following conditions are	255
satisfied:	256

(a) The commission determines that the board's findings are	257
reasonable.	258

(b) The request for approval is complete.

259

(c) The installations, modifications, or remodeling are	260
consistent with any project to construct or acquire classroom	261
facilities, or to reconstruct or make additions to existing	262
classroom facilities under sections 3318.01 to 3318.20 or sections	263
3318.40 to 3318.45 of the Revised Code.	264

Upon receipt of the commission's approval, the district may	265
issue securities without a vote of the electors in a principal	266
amount not to exceed nine-tenths of one per cent of its tax	267
valuation for the purpose of making such installations,	268
modifications, or remodeling, but the total net indebtedness of	269
the district without a vote of the electors incurred under this	270
and all other sections of the Revised Code, except section	271
3318.052 of the Revised Code, shall not exceed one per cent of the	272
district's tax valuation.	273

(3) So long as any securities issued under this division	274
remain outstanding, the board of education shall monitor the	275
energy consumption and resultant operational and maintenance costs	276
of buildings in which installations or modifications have been	277
made or remodeling has been done pursuant to this division ~~and~~.	278
Except as provided in division (G)(4) of this section, the board	279
shall maintain and annually update a report in a form and manner	280
prescribed by the school facilities commission documenting the	281
reductions in energy consumption and resultant operational and	282
maintenance cost savings attributable to such installations,	283
modifications, or remodeling. ~~The report shall be certified by an~~	284
~~architect or engineer independent of any person that provided~~	285
~~goods or services to the board in connection with the energy~~	286
~~conservation measures that are the subject of the report.~~ The	287
resultant operational and maintenance cost savings shall be	288
certified by the school district treasurer. The report shall be	289
submitted annually to the commission.	290

(4) If the school facilities commission verifies that the	291
certified annual reports submitted to the commission by a board of	292
education under division (G)(3) of this section fulfill the	293
guarantee required under division (B) of section 3313.372 of the	294
Revised Code for three consecutive years, the board of education	295
shall no longer be subject to the annual reporting requirements of	296
division (G)(3) of this section.	297

(H) With the consent of the superintendent of public	298
instruction, a school district may incur without a vote of the	299
electors net indebtedness that exceeds the amounts stated in	300
divisions (A) and (G) of this section for the purpose of paying	301
costs of permanent improvements, if and to the extent that both of	302
the following conditions are satisfied:	303

(1) The fiscal officer of the school district estimates that	304
receipts of the school district from payments made under or	305
pursuant to agreements entered into pursuant to section 725.02,	306
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	307
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	308
Code, or distributions under division (C) of section 5709.43 of	309
the Revised Code, or any combination thereof, are, after	310
accounting for any appropriate coverage requirements, sufficient	311
in time and amount, and are committed by the proceedings, to pay	312
the debt charges on the securities issued to evidence that	313
indebtedness and payable from those receipts, and the taxing	314
authority of the district confirms the fiscal officer's estimate,	315
which confirmation is approved by the superintendent of public	316
instruction;	317

(2) The fiscal officer of the school district certifies, and	318
the taxing authority of the district confirms, that the district,	319
at the time of the certification and confirmation, reasonably	320
expects to have sufficient revenue available for the purpose of	321
operating such permanent improvements for their intended purpose	322
upon acquisition or completion thereof, and the superintendent of	323
public instruction approves the taxing authority's confirmation.	324

The maximum maturity of securities issued under division (H)	325
of this section shall be the lesser of twenty years or the maximum	326
maturity calculated under section 133.20 of the Revised Code.	327

(I) A school district may incur net indebtedness by the	328
issuance of securities in accordance with the provisions of this	329
chapter in excess of the limit specified in division (B) or (C) of	330
this section when necessary to raise the school district portion	331
of the basic project cost and any additional funds necessary to	332
participate in a project under Chapter 3318. of the Revised Code,	333
including the cost of items designated by the ~~Ohio~~ school	334
facilities commission as required locally funded initiatives, the	335
cost of other locally funded initiatives in an amount that does	336
not exceed fifty per cent of the district's portion of the basic	337
project cost, and the cost for site acquisition. The ~~school~~	338
~~facilities~~ commission shall notify the superintendent of public	339
instruction whenever a school district will exceed either limit	340
pursuant to this division.	341

(J) A school district whose portion of the basic project cost	342
of its classroom facilities project under sections 3318.01 to	343
3318.20 of the Revised Code is greater than or equal to one	344
hundred million dollars may incur without a vote of the electors	345
net indebtedness in an amount up to two per cent of its tax	346
valuation through the issuance of general obligation securities in	347
order to generate all or part of the amount of its portion of the	348
basic project cost if the controlling board has approved the	349
school facilities commission's conditional approval of the project	350
under section 3318.04 of the Revised Code. The school district	351
board and the Ohio school facilities commission shall include the	352
dedication of the proceeds of such securities in the agreement	353
entered into under section 3318.08 of the Revised Code. No state	354
moneys shall be released for a project to which this section	355
applies until the proceeds of any bonds issued under this section	356
that are dedicated for the payment of the school district portion	357
of the project are first deposited into the school district's	358
project construction fund.	359

Sec. 149.433. (A) As used in this section:

360

(1) "Act of terrorism" has the same meaning as in section	361
2909.21 of the Revised Code.	362

(2) "Infrastructure record" means any record that discloses	363
the configuration of a public office's or chartered nonpublic	364
school's critical systems including, but not limited to,	365
communication, computer, electrical, mechanical, ventilation,	366
water, and plumbing systems, security codes, or the infrastructure	367
or structural configuration of the building in which a public	368
office or chartered nonpublic school is located. "Infrastructure	369
record" does not mean a simple floor plan that discloses only the	370
spatial relationship of components of a public office or chartered	371
nonpublic school or the building in which a public office or	372
chartered nonpublic school is located.	373

(3) "Security record" means any of the following:

374

(a) Any record that contains information directly used for	375
protecting or maintaining the security of a public office against	376
attack, interference, or sabotage;	377

(b) Any record assembled, prepared, or maintained by a public	378
office or public body to prevent, mitigate, or respond to acts of	379
terrorism, including any of the following:	380

(i) Those portions of records containing specific and unique	381
vulnerability assessments or specific and unique response plans	382
either of which is intended to prevent or mitigate acts of	383
terrorism, and communication codes or deployment plans of law	384
enforcement or emergency response personnel;	385

(ii) Specific intelligence information and specific	386
investigative records shared by federal and international law	387
enforcement agencies with state and local law enforcement and	388
public safety agencies;	389

(iii) National security records classified under federal	390
executive order and not subject to public disclosure under federal	391
law that are shared by federal agencies, and other records related	392
to national security briefings to assist state and local	393
government with domestic preparedness for acts of terrorism.	394

(c) ~~A school safety~~An emergency management plan adopted	395
pursuant to section 3313.536 of the Revised Code.	396

(B) A record kept by a public office that is a security	397
record or an infrastructure record is not a public record under	398
section 149.43 of the Revised Code and is not subject to mandatory	399
release or disclosure under that section.	400

(C) Notwithstanding any other section of the Revised Code,	401
disclosure by a public office, public employee, chartered	402
nonpublic school, or chartered nonpublic school employee of a	403
security record or infrastructure record that is necessary for	404
construction, renovation, or remodeling work on any public	405
building or project or chartered nonpublic school does not	406
constitute public disclosure for purposes of waiving division (B)	407
of this section and does not result in that record becoming a	408
public record for purposes of section 149.43 of the Revised Code.	409

Sec. 921.06. (A)(1) No individual shall do any of the	410
following without having a commercial applicator license issued by	411
the director of agriculture:	412

(a) Apply pesticides for a pesticide business without direct	413
supervision;	414

(b) Apply pesticides as part of the individual's duties while	415
acting as an employee of the United States government, a state,	416
county, township, or municipal corporation, or a park district,	417
port authority, or sanitary district created under Chapter 1545.,	418
4582., or 6115. of the Revised Code, respectively;	419

(c) Apply restricted use pesticides. Division (A)(1)(c) of	420
this section does not apply to a private applicator or an	421
immediate family member or a subordinate employee of a private	422
applicator who is acting under the direct supervision of that	423
private applicator.	424

(d) If the individual is the owner of a business other than a	425
pesticide business or an employee of such an owner, apply	426
pesticides at any of the following publicly accessible sites that	427
are located on the property:	428

(i) Food service operations that are licensed under Chapter	429
3717. of the Revised Code;	430

(ii) Retail food establishments that are licensed under	431
Chapter 3717. of the Revised Code;	432

(iii) Golf courses;

433

(iv) Rental properties of more than four apartment units at	434
one location;	435

(v) Hospitals or medical facilities as defined in section	436
3701.01 of the Revised Code;	437

(vi) Child day-care centers or school child day-care centers	438
as defined in section 5104.01 of the Revised Code;	439

(vii) Facilities owned or operated by a school district	440
established under Chapter 3311. of the Revised Code, including an	441
~~education~~educational service center, a community school	442
established under Chapter 3314. of the Revised Code, or a	443
chartered or nonchartered nonpublic school that meets minimum	444
standards established by the state board of education;	445

(viii) ~~Colleges as defined in section 3365.01~~State	446
institutions of higher education as defined in section 3345.011 of	447
the Revised Code, nonprofit institutions holding a certificate of	448
authorization pursuant to Chapter 1713. of the Revised Code,	449
institutions holding a certificate of registration from the state	450
board of career colleges and schools and program authorization for	451
an associate or bachelor's degree program issued under section	452
3332.05 of the Revised Code, and private institutions exempt from	453
regulation under Chapter 3332. of the Revised Code as prescribed	454
in section 3333.046 of the Revised Code;	455

(ix) Food processing establishments as defined in section	456
3715.021 of the Revised Code;	457

(x) Any other site designated by rule.

458

(e) Conduct authorized diagnostic inspections.

459

(2) Divisions (A)(1)(a) to (d) of this section do not apply	460
to an individual who is acting as a trained serviceperson under	461
the direct supervision of a commercial applicator.	462

(3) Licenses shall be issued for a period of time established	463
by rule and shall be renewed in accordance with deadlines	464
established by rule. The fee for each such license shall be	465
established by rule. If a license is not issued or renewed, the	466
application fee shall be retained by the state as payment for the	467
reasonable expense of processing the application. The director	468
shall by rule classify by pesticide-use category licenses to be	469
issued under this section. A single license may include more than	470
one pesticide-use category. No individual shall be required to pay	471
an additional license fee if the individual is licensed for more	472
than one category.	473

The fee for each license or renewal does not apply to an	474
applicant who is an employee of the department of agriculture	475
whose job duties require licensure as a commercial applicator as a	476
condition of employment.	477

(B) Application for a commercial applicator license shall be	478
made on a form prescribed by the director. Each application for a	479
license shall state the pesticide-use category or categories of	480
license for which the applicant is applying and other information	481
that the director determines essential to the administration of	482
this chapter.	483

(C) If the director finds that the applicant is competent to	484
apply pesticides and conduct diagnostic inspections and that the	485
applicant has passed both the general examination and each	486
applicable pesticide-use category examination as required under	487
division (A) of section 921.12 of the Revised Code, the director	488
shall issue a commercial applicator license limited to the	489
pesticide-use category or categories for which the applicant is	490
found to be competent. If the director rejects an application, the	491
director may explain why the application was rejected, describe	492
the additional requirements necessary for the applicant to obtain	493
a license, and return the application. The applicant may resubmit	494
the application without payment of any additional fee.	495

(D)(1) A person who is a commercial applicator shall be	496
deemed to hold a private applicator's license for purposes of	497
applying pesticides on agricultural commodities that are produced	498
by the commercial applicator.	499

(2) A commercial applicator shall apply pesticides only in	500
the pesticide-use category or categories in which the applicator	501
is licensed under this chapter.	502

(E) All money collected under this section shall be credited	503
to the pesticide, fertilizer, and lime program fund created in	504
section 921.22 of the Revised Code.	505

Sec. 3301.078. No official or board of this state, whether	506
appointed or elected, shall enter into any agreement or memorandum	507
of understanding with any federal or private entity that would	508
require the state to cede any measure of control over the	509
development, adoption, or revision of academic content standards.	510

Sec. 3301.079. (A)(1) The state board of education	511
periodically shall adopt statewide academic standards with	512
emphasis on coherence, focus, and ~~rigor~~essential knowledge and	513
that are more challenging and demanding when compared to	514
international standards for each of grades kindergarten through	515
twelve in English language arts, mathematics, science, and social	516
studies.	517

(a) The state board shall ensure that the standards ~~shall~~	518
~~specify~~do all of the following:	519

(i) ~~The core~~Include the essential academic content and	520
skills that students are expected to know and be able to do at	521
each grade level that will allow each student to be prepared for	522
postsecondary instruction and the workplace for success in the	523
twenty-first century;	524

(ii) ~~The~~Include the development of skill sets that promote	525
information, media, and technological literacy;	526

(iii) ~~Interdisciplinary~~Include interdisciplinary,	527
project-based, real-world learning opportunities;	528

(iv) Instill life-long learning by providing essential	529
knowledge and skills based in the liberal arts tradition, as well	530
as science, technology, engineering, mathematics, and	531
career-technical education;	532

(v) Be clearly written, transparent, and understandable by	533
parents, educators, and the general public.	534

(b) Not later than July 1, 2012, the state board shall	535
incorporate into the social studies standards for grades four to	536
twelve academic content regarding the original texts of the	537
Declaration of Independence, the Northwest Ordinance, the	538
Constitution of the United States and its amendments, with	539
emphasis on the Bill of Rights, and the Ohio Constitution, and	540
their original context. The state board shall revise the model	541
curricula and achievement assessments adopted under divisions (B)	542
and (C) of this section as necessary to reflect the additional	543
American history and American government content. The state board	544
shall make available a list of suggested grade-appropriate	545
supplemental readings that place the documents prescribed by this	546
division in their historical context, which teachers may use as a	547
resource to assist students in reading the documents within that	548
context.	549

(c) When the state board adopts or revises academic content	550
standards in social studies, American history, American	551
government, or science under division (A)(1) of this section, the	552
state board shall develop such standards independently and not as	553
part of a multistate consortium.	554

(2) After completing the standards required by division	555
(A)(1) of this section, the state board shall adopt standards and	556
model curricula for instruction in technology, financial literacy	557
and entrepreneurship, fine arts, and foreign language for grades	558
kindergarten through twelve. The standards shall meet the same	559
requirements prescribed in division (A)(1)(a) of this section.	560

(3) The state board shall adopt the most recent standards	561
developed by the national association for sport and physical	562
education for physical education in grades kindergarten through	563
twelve or shall adopt its own standards for physical education in	564
those grades and revise and update them periodically.	565

The department of education shall employ a full-time physical	566
education coordinator to provide guidance and technical assistance	567
to districts, community schools, and STEM schools in implementing	568
the physical education standards adopted under this division. The	569
superintendent of public instruction shall determine that the	570
person employed as coordinator is qualified for the position, as	571
demonstrated by possessing an adequate combination of education,	572
license, and experience.	573

(4) When academic standards have been completed for any	574
subject area required by this section, the state board shall	575
inform all school districts, all community schools established	576
under Chapter 3314. of the Revised Code, all STEM schools	577
established under Chapter 3326. of the Revised Code, and all	578
nonpublic schools required to administer the assessments	579
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code	580
of the content of those standards. Additionally, upon completion	581
of any academic standards under this section, the department shall	582
post those standards on the department's web site.	583

(B)(1) The state board shall adopt a model curriculum for	584
instruction in each subject area for which updated academic	585
standards are required by division (A)(1) of this section and for	586
each of grades kindergarten through twelve that is sufficient to	587
meet the needs of students in every community. The model	588
curriculum shall be aligned with the standards, to ensure that the	589
academic content and skills specified for each grade level are	590
taught to students, and shall demonstrate vertical articulation	591
and emphasize coherence, focus, and rigor. When any model	592
curriculum has been completed, the state board shall inform all	593
school districts, community schools, and STEM schools of the	594
content of that model curriculum.	595

(2) Not later than June 30, 2013, the state board, in	596
consultation with any office housed in the governor's office that	597
deals with workforce development, shall adopt model curricula for	598
grades kindergarten through twelve that embed career connection	599
learning strategies into regular classroom instruction.	600

(3) All school districts, community schools, and STEM schools	601
may utilize the state standards and the model curriculum	602
established by the state board, together with other relevant	603
resources, examples, or models to ensure that students have the	604
opportunity to attain the academic standards. Upon request, the	605
department shall provide technical assistance to any district,	606
community school, or STEM school in implementing the model	607
curriculum.	608

Nothing in this section requires any school district to	609
utilize all or any part of a model curriculum developed under this	610
section.	611

(C) The state board shall develop achievement assessments	612
aligned with the academic standards and model curriculum for each	613
of the subject areas and grade levels required by divisions (A)(1)	614
and (B)(1) of section 3301.0710 of the Revised Code.	615

When any achievement assessment has been completed, the state	616
board shall inform all school districts, community schools, STEM	617
schools, and nonpublic schools required to administer the	618
assessment of its completion, and the department shall make the	619
achievement assessment available to the districts and schools.	620

(D)(1) The state board shall adopt a diagnostic assessment	621
aligned with the academic standards and model curriculum for each	622
of grades kindergarten through two in reading, writing, and	623
mathematics and for grade three in reading and writing. The	624
diagnostic assessment shall be designed to measure student	625
comprehension of academic content and mastery of related skills	626
for the relevant subject area and grade level. Any diagnostic	627
assessment shall not include components to identify gifted	628
students. Blank copies of diagnostic assessments shall be public	629
records.	630

(2) When each diagnostic assessment has been completed, the	631
state board shall inform all school districts of its completion	632
and the department shall make the diagnostic assessment available	633
to the districts at no cost to the district. School districts	634
shall administer the diagnostic assessment pursuant to section	635
3301.0715 of the Revised Code beginning the first school year	636
following the development of the assessment.	637

(E) The state board shall not adopt a diagnostic or	638
achievement assessment for any grade level or subject area other	639
than those specified in this section.	640

(F) Whenever the state board or the department consults with	641
persons for the purpose of drafting or reviewing any standards,	642
diagnostic assessments, achievement assessments, or model	643
curriculum required under this section, the state board or the	644
department shall first consult with parents of students in	645
kindergarten through twelfth grade and with active Ohio classroom	646
teachers, other school personnel, and administrators with	647
expertise in the appropriate subject area. Whenever practicable,	648
the state board and department shall consult with teachers	649
recognized as outstanding in their fields.	650

If the department contracts with more than one outside entity	651
for the development of the achievement assessments required by	652
this section, the department shall ensure the interchangeability	653
of those assessments.	654

(G) Whenever the state board adopts standards or model	655
curricula under this section, the department also shall provide	656
information on the use of blended or digital learning in the	657
delivery of the standards or curricula to students in accordance	658
with division (A)(4) of this section.	659

(H) The fairness sensitivity review committee, established by	660
rule of the state board of education, shall not allow any question	661
on any achievement or diagnostic assessment developed under this	662
section or any proficiency test prescribed by former section	663
3301.0710 of the Revised Code, as it existed prior to September	664
11, 2001, to include, be written to promote, or inquire as to	665
individual moral or social values or beliefs. The decision of the	666
committee shall be final. This section does not create a private	667
cause of action.	668

(I)(1)(a) The English language arts academic standards review	669
committee is hereby created to review academic content standards	670
in the subject of English language arts. The committee shall	671
consist of the following members:	672

(i) Three experts who are residents of this state and who	673
primarily conduct research, provide instruction, currently work	674
in, or possess an advanced degree in the subject area. One expert	675
shall be appointed by each of the president of the senate, the	676
speaker of the house of representatives, and the governor;	677

(ii) One parent or guardian appointed by the president of the	678
senate;	679

(iii) One educator who is currently teaching in a classroom,	680
appointed by the speaker of the house of representatives;	681

(iv) The chancellor of the Ohio board of regents, or the	682
chancellor's designee;	683

(v) The state superintendent, or the superintendent's	684
designee, who shall serve as the chairperson of the committee.	685

(b) The mathematics academic standards review committee is	686
hereby created to review academic content standards in the subject	687
of mathematics. The committee shall consist of the following	688
members:	689

(i) Three experts who are residents of this state and who	690
primarily conduct research, provide instruction, currently work	691
in, or possess an advanced degree in the subject area. One expert	692
shall be appointed by each of the president of the senate, the	693
speaker of the house of representatives, and the governor;	694

(ii) One parent or guardian appointed by the speaker of the	695
house of representatives;	696

(iii) One educator who is currently teaching in a classroom,	697
appointed by the president of the senate;	698

(iv) The chancellor, or the chancellor's designee;

699

(v) The state superintendent, or the superintendent's	700
designee, who shall serve as the chairperson of the committee.	701

(c) The science academic standards review committee is hereby	702
created to review academic content standards in the subject of	703
science. The committee shall consist of the following members:	704

(i) Three experts who are residents of this state and who	705
primarily conduct research, provide instruction, currently work	706
in, or possess an advanced degree in the subject area. One expert	707
shall be appointed by each of the president of the senate, the	708
speaker of the house of representatives, and the governor;	709

(ii) One parent or guardian appointed by the president of the	710
senate;	711

(iii) One educator who is currently teaching in a classroom,	712
appointed by the speaker of the house of representatives;	713

(iv) The chancellor, or the chancellor's designee;

714

(v) The state superintendent, or the superintendent's	715
designee, who shall serve as the chairperson of the committee.	716

(d) The social studies academic standards review committee is	717
hereby created to review academic content standards in the subject	718
of social studies. The committee shall consist of the following	719
members:	720

(i) Three experts who are residents of this state and who	721
primarily conduct research, provide instruction, currently work	722
in, or possess an advanced degree in the subject area. One expert	723
shall be appointed by each of the president of the senate, the	724
speaker of the house of representatives, and the governor;	725

(ii) One parent or guardian appointed by the speaker of the	726
house of representatives;	727

(iii) One educator who is currently teaching in a classroom,	728
appointed by the president of the senate;	729

(iv) The chancellor, or the chancellor's designee;

730

(v) The state superintendent, or the superintendent's	731
designee, who shall serve as the chairperson of the committee.	732

(2)(a) Each committee created in division (I)(1) of this	733
section shall review the academic content standards for its	734
respective subject area to ensure that such standards are clear,	735
concise, and appropriate for each grade level and promote higher	736
student performance, learning, subject matter comprehension, and	737
improved student achievement. Each committee also shall review	738
whether the standards for its respective subject area promote	739
essential knowledge in the subject, lifelong learning, the liberal	740
arts tradition, and college and career readiness and whether the	741
standards reduce remediation.	742

(b) Each committee shall determine whether the assessments	743
submitted to that committee under division (I)(4) of this section	744
are appropriate for the committee's respective subject area and	745
meet the academic content standards adopted under this section and	746
community expectations.	747

(3) The department of education shall provide administrative	748
support for each committee created in division (I)(1) of this	749
section. Members of each committee shall be reimbursed for	750
reasonable and necessary expenses related to the operations of the	751
committee. Members of each committee shall serve at the pleasure	752
of the appointing authority.	753

(4) Notwithstanding anything to the contrary in division (N)	754
of section 3301.0711 of the Revised Code, the department shall	755
submit to the appropriate committee created under division (I)(1)	756
of this section copies of the questions and corresponding answers	757
on the relevant assessments required by section 3301.0710 of the	758
Revised Code on the first day of July following the school year	759
that the assessments were administered. The department shall	760
provide each committee with the entire content of each relevant	761
assessment, including corresponding answers.	762

The assessments received by the committees are not public	763
records of the committees and are not subject to release by the	764
committees to any other person or entity under section 149.43 of	765
the Revised Code. However, the assessments shall become public	766
records in accordance with division (N) of section 3301.0711 of	767
the Revised Code.	768

(J) Not later than forty-five days prior to the adoption by	769
the state board of updated academic standards under division	770
(A)(1) of this section or updated model curricula under division	771
(B)(1) of this section, the superintendent of public instruction	772
shall present the academic standards or model curricula, as	773
applicable, to the respective committees of the house of	774
representatives and senate that consider education legislation.	775

~~(J)~~(K) As used in this section:

776

(1) "Blended learning" means the delivery of instruction in a	777
combination of time in a supervised physical location away from	778
home and online delivery whereby the student has some element of	779
control over time, place, path, or pace of learning.	780

(2) "Coherence" means a reflection of the structure of the	781
discipline being taught.	782

(3) "Digital learning" means learning facilitated by	783
technology that gives students some element of control over time,	784
place, path, or pace of learning.	785

(4) "Focus" means limiting the number of items included in a	786
curriculum to allow for deeper exploration of the subject matter.	787

(5) ~~"Rigor" means more challenging and demanding when~~	788
~~compared to international standards.~~	789

~~(6)~~ "Vertical articulation" means key academic concepts and	790
skills associated with mastery in particular content areas should	791
be articulated and reinforced in a developmentally appropriate	792
manner at each grade level so that over time students acquire a	793
depth of knowledge and understanding in the core academic	794
disciplines.	795

Sec. 3301.0711. (A) The department of education shall:

796

(1) Annually furnish to, grade, and score all assessments	797
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	798
the Revised Code to be administered by city, local, exempted	799
village, and joint vocational school districts, except that each	800
district shall score any assessment administered pursuant to	801
division (B)(10) of this section. Each assessment so furnished	802
shall include the data verification code of the student to whom	803
the assessment will be administered, as assigned pursuant to	804
division (D)(2) of section 3301.0714 of the Revised Code. In	805
furnishing the practice versions of Ohio graduation tests	806
prescribed by division (D) of section 3301.0710 of the Revised	807
Code, the department shall make the tests available on its web	808
site for reproduction by districts. In awarding contracts for	809
grading assessments, the department shall give preference to	810
Ohio-based entities employing Ohio residents.	811

(2) Adopt rules for the ethical use of assessments and	812
prescribing the manner in which the assessments prescribed by	813
section 3301.0710 of the Revised Code shall be administered to	814
students.	815

(B) Except as provided in divisions (C) and (J) of this	816
section, the board of education of each city, local, and exempted	817
village school district shall, in accordance with rules adopted	818
under division (A) of this section:	819

(1) Administer the English language arts assessments	820
prescribed under division (A)(1)(a) of section 3301.0710 of the	821
Revised Code twice annually to all students in the third grade who	822
have not attained the score designated for that assessment under	823
division (A)(2)(c) of section 3301.0710 of the Revised Code.	824

(2) Administer the mathematics assessment prescribed under	825
division (A)(1)(a) of section 3301.0710 of the Revised Code at	826
least once annually to all students in the third grade.	827

(3) Administer the assessments prescribed under division	828
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	829
annually to all students in the fourth grade.	830

(4) Administer the assessments prescribed under division	831
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	832
annually to all students in the fifth grade.	833

(5) Administer the assessments prescribed under division	834
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	835
annually to all students in the sixth grade.	836

(6) Administer the assessments prescribed under division	837
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	838
annually to all students in the seventh grade.	839

(7) Administer the assessments prescribed under division	840
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	841
annually to all students in the eighth grade.	842

(8) Except as provided in division (B)(9) of this section,	843
administer any assessment prescribed under division (B)(1) of	844
section 3301.0710 of the Revised Code as follows:	845

(a) At least once annually to all tenth grade students and at	846
least twice annually to all students in eleventh or twelfth grade	847
who have not yet attained the score on that assessment designated	848
under that division;	849

(b) To any person who has successfully completed the	850
curriculum in any high school or the individualized education	851
program developed for the person by any high school pursuant to	852
section 3323.08 of the Revised Code but has not received a high	853
school diploma and who requests to take such assessment, at any	854
time such assessment is administered in the district.	855

(9) In lieu of the board of education of any city, local, or	856
exempted village school district in which the student is also	857
enrolled, the board of a joint vocational school district shall	858
administer any assessment prescribed under division (B)(1) of	859
section 3301.0710 of the Revised Code at least twice annually to	860
any student enrolled in the joint vocational school district who	861
has not yet attained the score on that assessment designated under	862
that division. A board of a joint vocational school district may	863
also administer such an assessment to any student described in	864
division (B)(8)(b) of this section.	865

(10) If the district has a three-year average graduation rate	866
of not more than seventy-five per cent, administer each assessment	867
prescribed by division (D) of section 3301.0710 of the Revised	868
Code in September to all ninth grade students, beginning in the	869
school year that starts July 1, 2005.	870

Except as provided in section 3313.614 of the Revised Code	871
for administration of an assessment to a person who has fulfilled	872
the curriculum requirement for a high school diploma but has not	873
passed one or more of the required assessments, the assessments	874
prescribed under division (B)(1) of section 3301.0710 of the	875
Revised Code and the practice assessments prescribed under	876
division (D) of that section and required to be administered under	877
divisions (B)(8), (9), and (10) of this section shall not be	878
administered after the assessment system prescribed by division	879
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised	880
Code is implemented under rule of the state board adopted under	881
division (D)(1) of section 3301.0712 of the Revised Code.	882

(11) Administer the assessments prescribed by division (B)(2)	883
of section 3301.0710 and section 3301.0712 of the Revised Code in	884
accordance with the timeline and plan for implementation of those	885
assessments prescribed by rule of the state board adopted under	886
division (D)(1) of section 3301.0712 of the Revised Code.	887

(C)(1)(a) In the case of a student receiving special	888
education services under Chapter 3323. of the Revised Code, the	889
individualized education program developed for the student under	890
that chapter shall specify the manner in which the student will	891
participate in the assessments administered under this section.	892
The individualized education program may excuse the student from	893
taking any particular assessment required to be administered under	894
this section if it instead specifies an alternate assessment	895
method approved by the department of education as conforming to	896
requirements of federal law for receipt of federal funds for	897
disadvantaged pupils. To the extent possible, the individualized	898
education program shall not excuse the student from taking an	899
assessment unless no reasonable accommodation can be made to	900
enable the student to take the assessment.	901

(b) Any alternate assessment approved by the department for a	902
student under this division shall produce measurable results	903
comparable to those produced by the assessment it replaces in	904
order to allow for the student's results to be included in the	905
data compiled for a school district or building under section	906
3302.03 of the Revised Code.	907

(c) Any student enrolled in a chartered nonpublic school who	908
has been identified, based on an evaluation conducted in	909
accordance with section 3323.03 of the Revised Code or section 504	910
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	911
794, as amended, as a child with a disability shall be excused	912
from taking any particular assessment required to be administered	913
under this section if a plan developed for the student pursuant to	914
rules adopted by the state board excuses the student from taking	915
that assessment. In the case of any student so excused from taking	916
an assessment, the chartered nonpublic school shall not prohibit	917
the student from taking the assessment.	918

(2) A district board may, for medical reasons or other good	919
cause, excuse a student from taking an assessment administered	920
under this section on the date scheduled, but that assessment	921
shall be administered to the excused student not later than nine	922
days following the scheduled date. The district board shall	923
annually report the number of students who have not taken one or	924
more of the assessments required by this section to the state	925
board of education not later than the thirtieth day of June.	926

(3) As used in this division, "limited English proficient	927
student" has the same meaning as in 20 U.S.C. 7801.	928

No school district board shall excuse any limited English	929
proficient student from taking any particular assessment required	930
to be administered under this section, except that any limited	931
English proficient student who has been enrolled in United States	932
schools for less than one full school year shall not be required	933
to take any reading, writing, or English language arts assessment.	934
However, no board shall prohibit a limited English proficient	935
student who is not required to take an assessment under this	936
division from taking the assessment. A board may permit any	937
limited English proficient student to take an assessment required	938
to be administered under this section with appropriate	939
accommodations, as determined by the department. For each limited	940
English proficient student, each school district shall annually	941
assess that student's progress in learning English, in accordance	942
with procedures approved by the department.	943

The governing authority of a chartered nonpublic school may	944
excuse a limited English proficient student from taking any	945
assessment administered under this section. However, no governing	946
authority shall prohibit a limited English proficient student from	947
taking the assessment.	948

(D)(1) In the school year next succeeding the school year in	949
which the assessments prescribed by division (A)(1) or (B)(1) of	950
section 3301.0710 of the Revised Code or former division (A)(1),	951
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	952
existed prior to September 11, 2001, are administered to any	953
student, the board of education of any school district in which	954
the student is enrolled in that year shall provide to the student	955
intervention services commensurate with the student's performance,	956
including any intensive intervention required under section	957
3313.608 of the Revised Code, in any skill in which the student	958
failed to demonstrate at least a score at the proficient level on	959
the assessment.	960

(2) Following any administration of the assessments	961
prescribed by division (D) of section 3301.0710 of the Revised	962
Code to ninth grade students, each school district that has a	963
three-year average graduation rate of not more than seventy-five	964
per cent shall determine for each high school in the district	965
whether the school shall be required to provide intervention	966
services to any students who took the assessments. In determining	967
which high schools shall provide intervention services based on	968
the resources available, the district shall consider each school's	969
graduation rate and scores on the practice assessments. The	970
district also shall consider the scores received by ninth grade	971
students on the English language arts and mathematics assessments	972
prescribed under division (A)(1)(f) of section 3301.0710 of the	973
Revised Code in the eighth grade in determining which high schools	974
shall provide intervention services.	975

Each high school selected to provide intervention services	976
under this division shall provide intervention services to any	977
student whose results indicate that the student is failing to make	978
satisfactory progress toward being able to attain scores at the	979
proficient level on the Ohio graduation tests. Intervention	980
services shall be provided in any skill in which a student	981
demonstrates unsatisfactory progress and shall be commensurate	982
with the student's performance. Schools shall provide the	983
intervention services prior to the end of the school year, during	984
the summer following the ninth grade, in the next succeeding	985
school year, or at any combination of those times.	986

(E) Except as provided in section 3313.608 of the Revised	987
Code and division (M) of this section, no school district board of	988
education shall utilize any student's failure to attain a	989
specified score on an assessment administered under this section	990
as a factor in any decision to deny the student promotion to a	991
higher grade level. However, a district board may choose not to	992
promote to the next grade level any student who does not take an	993
assessment administered under this section or make up an	994
assessment as provided by division (C)(2) of this section and who	995
is not exempt from the requirement to take the assessment under	996
division (C)(3) of this section.	997

(F) No person shall be charged a fee for taking any	998
assessment administered under this section.	999

(G)(1) Each school district board shall designate one	1000
location for the collection of assessments administered in the	1001
spring under division (B)(1) of this section and those	1002
administered under divisions (B)(2) to (7) of this section. Each	1003
district board shall submit the assessments to the entity with	1004
which the department contracts for the scoring of the assessments	1005
as follows:	1006

(a) If the district's total enrollment in grades kindergarten	1007
through twelve during the first full school week of October was	1008
less than two thousand five hundred, not later than the Friday	1009
after all of the assessments have been administered;	1010

(b) If the district's total enrollment in grades kindergarten	1011
through twelve during the first full school week of October was	1012
two thousand five hundred or more, but less than seven thousand,	1013
not later than the Monday after all of the assessments have been	1014
administered;	1015

(c) If the district's total enrollment in grades kindergarten	1016
through twelve during the first full school week of October was	1017
seven thousand or more, not later than the Tuesday after all of	1018
the assessments have been administered.	1019

However, any assessment that a student takes during the	1020
make-up period described in division (C)(2) of this section shall	1021
be submitted not later than the Friday following the day the	1022
student takes the assessment.	1023

(2) The department or an entity with which the department	1024
contracts for the scoring of the assessment shall send to each	1025
school district board a list of the individual scores of all	1026
persons taking an assessment prescribed by division (A)(1) or	1027
(B)(1) of section 3301.0710 of the Revised Code within sixty days	1028
after its administration, but in no case shall the scores be	1029
returned later than the fifteenth day of June following the	1030
administration. For assessments administered under this section by	1031
a joint vocational school district, the department or entity shall	1032
also send to each city, local, or exempted village school district	1033
a list of the individual scores of any students of such city,	1034
local, or exempted village school district who are attending	1035
school in the joint vocational school district.	1036

(H) Individual scores on any assessments administered under	1037
this section shall be released by a district board only in	1038
accordance with section 3319.321 of the Revised Code and the rules	1039
adopted under division (A) of this section. No district board or	1040
its employees shall utilize individual or aggregate results in any	1041
manner that conflicts with rules for the ethical use of	1042
assessments adopted pursuant to division (A) of this section.	1043

(I) Except as provided in division (G) of this section, the	1044
department or an entity with which the department contracts for	1045
the scoring of the assessment shall not release any individual	1046
scores on any assessment administered under this section. The	1047
state board of education shall adopt rules to ensure the	1048
protection of student confidentiality at all times. The rules may	1049
require the use of the data verification codes assigned to	1050
students pursuant to division (D)(2) of section 3301.0714 of the	1051
Revised Code to protect the confidentiality of student scores.	1052

(J) Notwithstanding division (D) of section 3311.52 of the	1053
Revised Code, this section does not apply to the board of	1054
education of any cooperative education school district except as	1055
provided under rules adopted pursuant to this division.	1056

(1) In accordance with rules that the state board of	1057
education shall adopt, the board of education of any city,	1058
exempted village, or local school district with territory in a	1059
cooperative education school district established pursuant to	1060
divisions (A) to (C) of section 3311.52 of the Revised Code may	1061
enter into an agreement with the board of education of the	1062
cooperative education school district for administering any	1063
assessment prescribed under this section to students of the city,	1064
exempted village, or local school district who are attending	1065
school in the cooperative education school district.	1066

(2) In accordance with rules that the state board of	1067
education shall adopt, the board of education of any city,	1068
exempted village, or local school district with territory in a	1069
cooperative education school district established pursuant to	1070
section 3311.521 of the Revised Code shall enter into an agreement	1071
with the cooperative district that provides for the administration	1072
of any assessment prescribed under this section to both of the	1073
following:	1074

(a) Students who are attending school in the cooperative	1075
district and who, if the cooperative district were not	1076
established, would be entitled to attend school in the city,	1077
local, or exempted village school district pursuant to section	1078
3313.64 or 3313.65 of the Revised Code;	1079

(b) Persons described in division (B)(8)(b) of this section.

1080

Any assessment of students pursuant to such an agreement	1081
shall be in lieu of any assessment of such students or persons	1082
pursuant to this section.	1083

(K)(1)(a) Except as otherwise provided in division (K)(1)(a)	1084
or (K)(1)(c) of this section, each chartered nonpublic school for	1085
which at least sixty-five per cent of its total enrollment is made	1086
up of students who are participating in state scholarship programs	1087
shall administer the elementary assessments prescribed by section	1088
3301.0710 of the Revised Code. In accordance with procedures and	1089
deadlines prescribed by the department, the parent or guardian of	1090
a student enrolled in the school who is not participating in a	1091
state scholarship program may submit notice to the chief	1092
administrative officer of the school that the parent or guardian	1093
does not wish to have the student take the elementary assessments	1094
prescribed for the student's grade level under division (A) of	1095
section 3301.0710 of the Revised Code. If a parent or guardian	1096
submits an opt-out notice, the school shall not administer the	1097
assessments to that student. This option does not apply to any	1098
assessment required for a high school diploma under section	1099
3313.612 of the Revised Code.	1100

(b) If a chartered nonpublic school ~~is not subject to~~	1101
~~division (K)(1)(a) of this section and~~ is educating students in	1102
grades nine through twelve, it shall administer the assessments	1103
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the	1104
Revised Code as a condition of compliance with section 3313.612 of	1105
the Revised Code. ~~Any~~	1106

(c) If a chartered nonpublic school meets the following	1107
conditions, it shall not be required to administer the elementary	1108
assessments prescribed by division (A) of section 3301.0710 of the	1109
Revised Code:	1110

(i) At least ninety-five per cent of the students enrolled in	1111
the school are children with disabilities, as defined under	1112
section 3323.01 of the Revised Code, or have received a diagnosis	1113
by a school district or from a physician, including a	1114
neuropsychiatrist or psychiatrist, or a psychologist who is	1115
authorized to practice in this or another state as having a	1116
condition that impairs academic performance, such as dyslexia,	1117
dyscalculia, attention deficit hyperactivity disorder, or	1118
Asperger's syndrome.	1119

(ii) The school has solely served a student population	1120
described in division (K)(1)(c)(i) of this section for at least	1121
ten years.	1122

(iii) The school is accredited through the independent school	1123
association of the central states and has been issued a charter by	1124
the state board.	1125

(iv) The school promises to provide and provides to the	1126
department at least five years of records of internal testing	1127
conducted by the school that affords the department data required	1128
for accountability purposes, including diagnostic assessments and	1129
nationally standardized norm-referenced achievement assessments	1130
that measure reading and math skills.	1131

(d) Any chartered nonpublic school that is not subject to	1132
division (K)(1)(a) of this section may participate in the	1133
assessment program by administering any of the assessments	1134
prescribed by division (A) of section 3301.0710 of the Revised	1135
Code. The chief administrator of the school shall specify which	1136
assessments the school will administer. Such specification shall	1137
be made in writing to the superintendent of public instruction	1138
prior to the first day of August of any school year in which	1139
assessments are administered and shall include a pledge that the	1140
nonpublic school will administer the specified assessments in the	1141
same manner as public schools are required to do under this	1142
section and rules adopted by the department.	1143

(2) The department of education shall furnish the assessments	1144
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	1145
to each chartered nonpublic school that is subject to division	1146
(K)(1)(a) of this section or participates under division (K)(1)(b)	1147
of this section.	1148

(L)(1) The superintendent of the state school for the blind	1149
and the superintendent of the state school for the deaf shall	1150
administer the assessments described by sections 3301.0710 and	1151
3301.0712 of the Revised Code. Each superintendent shall	1152
administer the assessments in the same manner as district boards	1153
are required to do under this section and rules adopted by the	1154
department of education and in conformity with division (C)(1)(a)	1155
of this section.	1156

(2) The department of education shall furnish the assessments	1157
described by sections 3301.0710 and 3301.0712 of the Revised Code	1158
to each superintendent.	1159

(M) Notwithstanding division (E) of this section, a school	1160
district may use a student's failure to attain a score in at least	1161
the proficient range on the mathematics assessment described by	1162
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	1163
an assessment described by division (A)(1)(b), (c), (d), (e), or	1164
(f) of section 3301.0710 of the Revised Code as a factor in	1165
retaining that student in the current grade level.	1166

(N)(1) In the manner specified in divisions (N)(3) ~~and~~, (4),	1167
and (6) of this section, the assessments required by division	1168
(A)(1) of section 3301.0710 of the Revised Code shall become	1169
public records pursuant to section 149.43 of the Revised Code on	1170
the ~~first~~thirty-first day of July following the school year that	1171
the assessments were administered.	1172

(2) The department may field test proposed questions with	1173
samples of students to determine the validity, reliability, or	1174
appropriateness of questions for possible inclusion in a future	1175
year's assessment. The department also may use anchor questions on	1176
assessments to ensure that different versions of the same	1177
assessment are of comparable difficulty.	1178

Field test questions and anchor questions shall not be	1179
considered in computing scores for individual students. Field test	1180
questions and anchor questions may be included as part of the	1181
administration of any assessment required by division (A)(1) or	1182
(B)(1) of section 3301.0710 of the Revised Code.	1183

(3) Any field test question or anchor question administered	1184
under division (N)(2) of this section shall not be a public	1185
record. Such field test questions and anchor questions shall be	1186
redacted from any assessments which are released as a public	1187
record pursuant to division (N)(1) of this section.	1188

(4) This division applies to the assessments prescribed by	1189
division (A) of section 3301.0710 of the Revised Code.	1190

(a) The first administration of each assessment, as specified	1191
in former section 3301.0712 of the Revised Code, shall be a public	1192
record.	1193

(b) For subsequent administrations of each assessment prior	1194
to the 2011-2012 school year, not less than forty per cent of the	1195
questions on the assessment that are used to compute a student's	1196
score shall be a public record. The department shall determine	1197
which questions will be needed for reuse on a future assessment	1198
and those questions shall not be public records and shall be	1199
redacted from the assessment prior to its release as a public	1200
record. However, for each redacted question, the department shall	1201
inform each city, local, and exempted village school district of	1202
the statewide academic standard adopted by the state board of	1203
education under section 3301.079 of the Revised Code and the	1204
corresponding benchmark to which the question relates. The	1205
preceding sentence does not apply to field test questions that are	1206
redacted under division (N)(3) of this section.	1207

(c) The administrations of each assessment in the 2011-2012,	1208
2012-2013, and 2013-2014 school ~~year and later~~years shall not be	1209
a public record.	1210

(5) Each assessment prescribed by division (B)(1) of section	1211
3301.0710 of the Revised Code shall not be a public record.	1212

(a) Forty per cent of the questions and preferred answers on	1213
the assessments on the thirty-first day of July following the	1214
administration of the assessment;	1215

(b) Twenty per cent of the questions and preferred answers on	1216
the assessment on the thirty-first day of July one year after the	1217
administration of the assessment;	1218

(c) The remaining forty per cent of the questions and	1219
preferred answers on the assessment on the thirty-first day of	1220
July two years after the administration of the assessment.	1221

The entire content of an assessment shall become a public	1222
record within three years of its administration.	1223

The department shall make the questions that become a public	1224
record under this division readily accessible to the public on the	1225
department's web site. Questions on the spring administration of	1226
each assessment shall be released on an annual basis, in	1227
accordance with this division.	1228

(O) As used in this section:

1229

(1) "Three-year average" means the average of the most recent	1230
consecutive three school years of data.	1231

(2) "Dropout" means a student who withdraws from school	1232
before completing course requirements for graduation and who is	1233
not enrolled in an education program approved by the state board	1234
of education or an education program outside the state. "Dropout"	1235
does not include a student who has departed the country.	1236

(3) "Graduation rate" means the ratio of students receiving a	1237
diploma to the number of students who entered ninth grade four	1238
years earlier. Students who transfer into the district are added	1239
to the calculation. Students who transfer out of the district for	1240
reasons other than dropout are subtracted from the calculation. If	1241
a student who was a dropout in any previous year returns to the	1242
same school district, that student shall be entered into the	1243
calculation as if the student had entered ninth grade four years	1244
before the graduation year of the graduating class that the	1245
student joins.	1246

(4) "State scholarship programs" means the educational choice	1247
scholarship pilot program established under sections 3310.01 to	1248
3310.17 of the Revised Code, the autism scholarship program	1249
established under section 3310.41 of the Revised Code, the Jon	1250
Peterson special needs scholarship program established under	1251
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	1252
project scholarship program established under sections 3313.974 to	1253
3313.979 of the Revised Code.	1254

Sec. 3301.0712. (A) The state board of education, the	1255
superintendent of public instruction, and the chancellor of the	1256
Ohio board of regents shall develop a system of college and work	1257
ready assessments as described in divisions (B)(1) and (2) of this	1258
section to assess whether each student upon graduating from high	1259
school is ready to enter college or the workforce. The system	1260
shall replace the Ohio graduation tests prescribed in division	1261
(B)(1) of section 3301.0710 of the Revised Code as a measure of	1262
student academic performance and a prerequisite for eligibility	1263
for a high school diploma in the manner prescribed by rule of the	1264
state board adopted under division (D) of this section.	1265

(B) The college and work ready assessment system shall	1266
consist of the following:	1267

(1) A nationally standardized assessment that measures	1268
college and career readiness selected jointly by the state	1269
superintendent and the chancellor.	1270

(2) A series of end-of-course examinations in the areas of	1271
science, mathematics, English language arts, American history, and	1272
American government selected jointly by the state superintendent	1273
and the chancellor in consultation with faculty in the appropriate	1274
subject areas at institutions of higher education of the	1275
university system of Ohio. For each subject area, the state	1276
superintendent and chancellor shall select multiple assessments	1277
that school districts, public schools, and chartered nonpublic	1278
schools may use as end-of-course examinations. Subject to division	1279
(B)(3)(b) of this section, those assessments shall include	1280
nationally recognized subject area assessments, such as advanced	1281
placement examinations, SAT subject tests, international	1282
baccalaureate examinations, and other assessments of college and	1283
work readiness.	1284

(3)(a) Not later than July 1, 2013, each school district	1285
board of education shall adopt interim end-of-course examinations	1286
that comply with the requirements of divisions (B)(3)(b)(i) and	1287
(ii) of this section to assess mastery of American history and	1288
American government standards adopted under division (A)(1)(b) of	1289
section 3301.079 of the Revised Code and the topics required under	1290
division (M) of section 3313.603 of the Revised Code. Each high	1291
school of the district shall use the interim examinations until	1292
the state superintendent and chancellor select end-of-course	1293
examinations in American history and American government under	1294
division (B)(2) of this section.	1295

(b) Not later than July 1, 2014, the state superintendent and	1296
the chancellor shall select the end-of-course examinations in	1297
American history and American government.	1298

(i) The end-of-course examinations in American history and	1299
American government shall require demonstration of mastery of the	1300
American history and American government content for social	1301
studies standards adopted under division (A)(1)(b) of section	1302
3301.079 of the Revised Code and the topics required under	1303
division (M) of section 3313.603 of the Revised Code.	1304

(ii) At least twenty per cent of the end-of-course	1305
examination in American government shall address the topics on	1306
American history and American government described in division (M)	1307
of section 3313.603 of the Revised Code.	1308

(C) The state board shall convene a group of national	1309
experts, state experts, and local practitioners to provide advice,	1310
guidance, and recommendations for the alignment of standards and	1311
model curricula to the assessments and in the design of the	1312
end-of-course examinations prescribed by this section.	1313

(D) Upon completion of the development of the assessment	1314
system, the state board shall adopt rules prescribing all of the	1315
following:	1316

(1) A timeline and plan for implementation of the assessment	1317
system, including a phased implementation if the state board	1318
determines such a phase-in is warranted;	1319

(2) The date after which a person entering ninth grade shall	1320
meet the requirements of the entire assessment system as a	1321
prerequisite for a high school diploma under section 3313.61,	1322
3313.612, or 3325.08 of the Revised Code;	1323

(3) The date after which a person shall meet the requirements	1324
of the entire assessment system as a prerequisite for a diploma of	1325
adult education under section 3313.611 of the Revised Code;	1326

(4) Whether and the extent to which a person may be excused	1327
from an American history end-of-course examination and an American	1328
government end-of-course examination under division (H) of section	1329
3313.61 and division (B)(3) of section 3313.612 of the Revised	1330
Code;	1331

(5) The date after which a person who has fulfilled the	1332
curriculum requirement for a diploma but has not passed one or	1333
more of the required assessments at the time the person fulfilled	1334
the curriculum requirement shall meet the requirements of the	1335
entire assessment system as a prerequisite for a high school	1336
diploma under division (B) of section 3313.614 of the Revised	1337
Code;	1338

(6) The extent to which the assessment system applies to	1339
students enrolled in a dropout recovery and prevention program for	1340
purposes of division (F) of section 3313.603 and section 3314.36	1341
of the Revised Code.	1342

No rule adopted under this division shall be effective	1343
earlier than one year after the date the rule is filed in final	1344
form pursuant to Chapter 119. of the Revised Code.	1345

(E) Not later than forty-five days prior to the state board's	1346
adoption of a resolution directing the department of education to	1347
file the rules prescribed by division (D) of this section in final	1348
form under section 119.04 of the Revised Code, the superintendent	1349
of public instruction shall present the assessment system	1350
developed under this section to the respective committees of the	1351
house of representatives and senate that consider education	1352
legislation.	1353

(F)(1) Any person enrolled in a nonchartered nonpublic school	1354
or any person who has been excused from attendance at school for	1355
the purpose of home instruction under section 3321.04 of the	1356
Revised Code may choose to participate in the system of	1357
assessments administered under divisions (B)(1) and (2) of this	1358
section. However, no such person shall be required to participate	1359
in the system of assessments.	1360

(2) The department shall adopt rules for the administration	1361
and scoring of any assessments under division (F)(1) of this	1362
section.	1363

Sec. 3301.0714. (A) The state board of education shall adopt	1364
rules for a statewide education management information system. The	1365
rules shall require the state board to establish guidelines for	1366
the establishment and maintenance of the system in accordance with	1367
this section and the rules adopted under this section. The	1368
guidelines shall include:	1369

(1) Standards identifying and defining the types of data in	1370
the system in accordance with divisions (B) and (C) of this	1371
section;	1372

(2) Procedures for annually collecting and reporting the data	1373
to the state board in accordance with division (D) of this	1374
section;	1375

(3) Procedures for annually compiling the data in accordance	1376
with division (G) of this section;	1377

(4) Procedures for annually reporting the data to the public	1378
in accordance with division (H) of this section;	1379

(5) Standards to provide strict safeguards to protect the	1380
confidentiality of personally identifiable student data.	1381

(B) The guidelines adopted under this section shall require	1382
the data maintained in the education management information system	1383
to include at least the following:	1384

(1) Student participation and performance data, for each	1385
grade in each school district as a whole and for each grade in	1386
each school building in each school district, that includes:	1387

(a) The numbers of students receiving each category of	1388
instructional service offered by the school district, such as	1389
regular education instruction, vocational education instruction,	1390
specialized instruction programs or enrichment instruction that is	1391
part of the educational curriculum, instruction for gifted	1392
students, instruction for students with disabilities, and remedial	1393
instruction. The guidelines shall require instructional services	1394
under this division to be divided into discrete categories if an	1395
instructional service is limited to a specific subject, a specific	1396
type of student, or both, such as regular instructional services	1397
in mathematics, remedial reading instructional services,	1398
instructional services specifically for students gifted in	1399
mathematics or some other subject area, or instructional services	1400
for students with a specific type of disability. The categories of	1401
instructional services required by the guidelines under this	1402
division shall be the same as the categories of instructional	1403
services used in determining cost units pursuant to division	1404
(C)(3) of this section.	1405

(b) The numbers of students receiving support or	1406
extracurricular services for each of the support services or	1407
extracurricular programs offered by the school district, such as	1408
counseling services, health services, and extracurricular sports	1409
and fine arts programs. The categories of services required by the	1410
guidelines under this division shall be the same as the categories	1411
of services used in determining cost units pursuant to division	1412
(C)(4)(a) of this section.	1413

(c) Average student grades in each subject in grades nine	1414
through twelve;	1415

(d) Academic achievement levels as assessed under sections	1416
3301.0710, 3301.0711, and 3301.0712 of the Revised Code;	1417

(e) The number of students designated as having a disabling	1418
condition pursuant to division (C)(1) of section 3301.0711 of the	1419
Revised Code;	1420

(f) The numbers of students reported to the state board	1421
pursuant to division (C)(2) of section 3301.0711 of the Revised	1422
Code;	1423

(g) Attendance rates and the average daily attendance for the	1424
year. For purposes of this division, a student shall be counted as	1425
present for any field trip that is approved by the school	1426
administration.	1427

(h) Expulsion rates;

1428

(i) Suspension rates;

1429

(j) Dropout rates;

1430

(k) Rates of retention in grade;

1431

(l) For pupils in grades nine through twelve, the average	1432
number of carnegie units, as calculated in accordance with state	1433
board of education rules;	1434

(m) Graduation rates, to be calculated in a manner specified	1435
by the department of education that reflects the rate at which	1436
students who were in the ninth grade three years prior to the	1437
current year complete school and that is consistent with	1438
nationally accepted reporting requirements;	1439

(n) Results of diagnostic assessments administered to	1440
kindergarten students as required under section 3301.0715 of the	1441
Revised Code to permit a comparison of the academic readiness of	1442
kindergarten students. However, no district shall be required to	1443
report to the department the results of any diagnostic assessment	1444
administered to a kindergarten student, except for the language	1445
and reading assessment described in division (A)(2) of section	1446
3301.0715 of the Revised Code, if the parent of that student	1447
requests the district not to report those results.	1448

(2) Personnel and classroom enrollment data for each school	1449
district, including:	1450

(a) The total numbers of licensed employees and nonlicensed	1451
employees and the numbers of full-time equivalent licensed	1452
employees and nonlicensed employees providing each category of	1453
instructional service, instructional support service, and	1454
administrative support service used pursuant to division (C)(3) of	1455
this section. The guidelines adopted under this section shall	1456
require these categories of data to be maintained for the school	1457
district as a whole and, wherever applicable, for each grade in	1458
the school district as a whole, for each school building as a	1459
whole, and for each grade in each school building.	1460

(b) The total number of employees and the number of full-time	1461
equivalent employees providing each category of service used	1462
pursuant to divisions (C)(4)(a) and (b) of this section, and the	1463
total numbers of licensed employees and nonlicensed employees and	1464
the numbers of full-time equivalent licensed employees and	1465
nonlicensed employees providing each category used pursuant to	1466
division (C)(4)(c) of this section. The guidelines adopted under	1467
this section shall require these categories of data to be	1468
maintained for the school district as a whole and, wherever	1469
applicable, for each grade in the school district as a whole, for	1470
each school building as a whole, and for each grade in each school	1471
building.	1472

(c) The total number of regular classroom teachers teaching	1473
classes of regular education and the average number of pupils	1474
enrolled in each such class, in each of grades kindergarten	1475
through five in the district as a whole and in each school	1476
building in the school district.	1477

(d) The number of lead teachers employed by each school	1478
district and each school building.	1479

(3)(a) Student demographic data for each school district,	1480
including information regarding the gender ratio of the school	1481
district's pupils, the racial make-up of the school district's	1482
pupils, the number of limited English proficient students in the	1483
district, and an appropriate measure of the number of the school	1484
district's pupils who reside in economically disadvantaged	1485
households. The demographic data shall be collected in a manner to	1486
allow correlation with data collected under division (B)(1) of	1487
this section. Categories for data collected pursuant to division	1488
(B)(3) of this section shall conform, where appropriate, to	1489
standard practices of agencies of the federal government.	1490

(b) With respect to each student entering kindergarten,	1491
whether the student previously participated in a public preschool	1492
program, a private preschool program, or a head start program, and	1493
the number of years the student participated in each of these	1494
programs.	1495

(4) Any data required to be collected pursuant to federal	1496
law.	1497

(C) The education management information system shall include	1498
cost accounting data for each district as a whole and for each	1499
school building in each school district. The guidelines adopted	1500
under this section shall require the cost data for each school	1501
district to be maintained in a system of mutually exclusive cost	1502
units and shall require all of the costs of each school district	1503
to be divided among the cost units. The guidelines shall require	1504
the system of mutually exclusive cost units to include at least	1505
the following:	1506

(1) Administrative costs for the school district as a whole.	1507
The guidelines shall require the cost units under this division	1508
(C)(1) to be designed so that each of them may be compiled and	1509
reported in terms of average expenditure per pupil in formula ADM	1510
in the school district, as determined pursuant to section 3317.03	1511
of the Revised Code.	1512

(2) Administrative costs for each school building in the	1513
school district. The guidelines shall require the cost units under	1514
this division (C)(2) to be designed so that each of them may be	1515
compiled and reported in terms of average expenditure per	1516
full-time equivalent pupil receiving instructional or support	1517
services in each building.	1518

(3) Instructional services costs for each category of	1519
instructional service provided directly to students and required	1520
by guidelines adopted pursuant to division (B)(1)(a) of this	1521
section. The guidelines shall require the cost units under	1522
division (C)(3) of this section to be designed so that each of	1523
them may be compiled and reported in terms of average expenditure	1524
per pupil receiving the service in the school district as a whole	1525
and average expenditure per pupil receiving the service in each	1526
building in the school district and in terms of a total cost for	1527
each category of service and, as a breakdown of the total cost, a	1528
cost for each of the following components:	1529

(a) The cost of each instructional services category required	1530
by guidelines adopted under division (B)(1)(a) of this section	1531
that is provided directly to students by a classroom teacher;	1532

(b) The cost of the instructional support services, such as	1533
services provided by a speech-language pathologist, classroom	1534
aide, multimedia aide, or librarian, provided directly to students	1535
in conjunction with each instructional services category;	1536

(c) The cost of the administrative support services related	1537
to each instructional services category, such as the cost of	1538
personnel that develop the curriculum for the instructional	1539
services category and the cost of personnel supervising or	1540
coordinating the delivery of the instructional services category.	1541

(4) Support or extracurricular services costs for each	1542
category of service directly provided to students and required by	1543
guidelines adopted pursuant to division (B)(1)(b) of this section.	1544
The guidelines shall require the cost units under division (C)(4)	1545
of this section to be designed so that each of them may be	1546
compiled and reported in terms of average expenditure per pupil	1547
receiving the service in the school district as a whole and	1548
average expenditure per pupil receiving the service in each	1549
building in the school district and in terms of a total cost for	1550
each category of service and, as a breakdown of the total cost, a	1551
cost for each of the following components:	1552

(a) The cost of each support or extracurricular services	1553
category required by guidelines adopted under division (B)(1)(b)	1554
of this section that is provided directly to students by a	1555
licensed employee, such as services provided by a guidance	1556
counselor or any services provided by a licensed employee under a	1557
supplemental contract;	1558

(b) The cost of each such services category provided directly	1559
to students by a nonlicensed employee, such as janitorial	1560
services, cafeteria services, or services of a sports trainer;	1561

(c) The cost of the administrative services related to each	1562
services category in division (C)(4)(a) or (b) of this section,	1563
such as the cost of any licensed or nonlicensed employees that	1564
develop, supervise, coordinate, or otherwise are involved in	1565
administering or aiding the delivery of each services category.	1566

(D)(1) The guidelines adopted under this section shall	1567
require school districts to collect information about individual	1568
students, staff members, or both in connection with any data	1569
required by division (B) or (C) of this section or other reporting	1570
requirements established in the Revised Code. The guidelines may	1571
also require school districts to report information about	1572
individual staff members in connection with any data required by	1573
division (B) or (C) of this section or other reporting	1574
requirements established in the Revised Code. The guidelines shall	1575
not authorize school districts to request social security numbers	1576
of individual students. The guidelines shall prohibit the	1577
reporting under this section of a student's name, address, and	1578
social security number to the state board of education or the	1579
department of education. The guidelines shall also prohibit the	1580
reporting under this section of any personally identifiable	1581
information about any student, except for the purpose of assigning	1582
the data verification code required by division (D)(2) of this	1583
section, to any other person unless such person is employed by the	1584
school district or the information technology center operated	1585
under section 3301.075 of the Revised Code and is authorized by	1586
the district or technology center to have access to such	1587
information or is employed by an entity with which the department	1588
contracts for the scoring or the development of state assessments.	1589
The guidelines may require school districts to provide the social	1590
security numbers of individual staff members and the county of	1591
residence for a student. Nothing in this section prohibits the	1592
state board of education or department of education from providing	1593
a student's county of residence to the department of taxation to	1594
facilitate the distribution of tax revenue.	1595

(2)(a) The guidelines shall provide for each school district	1596
or community school to assign a data verification code that is	1597
unique on a statewide basis over time to each student whose	1598
initial Ohio enrollment is in that district or school and to	1599
report all required individual student data for that student	1600
utilizing such code. The guidelines shall also provide for	1601
assigning data verification codes to all students enrolled in	1602
districts or community schools on the effective date of the	1603
guidelines established under this section. The assignment of data	1604
verification codes for other entities, as described in division	1605
(D)(2)(c) of this section, the use of those codes, and the	1606
reporting and use of associated individual student data shall be	1607
coordinated by the department in accordance with state and federal	1608
law.	1609

School districts shall report individual student data to the	1610
department through the information technology centers utilizing	1611
the code. The entities described in division (D)(2)(c) of this	1612
section shall report individual student data to the department in	1613
the manner prescribed by the department.	1614

Except as provided in sections 3301.941, 3310.11, 3310.42,	1615
3310.63, 3313.978, and 3317.20 of the Revised Code, at no time	1616
shall the state board or the department have access to information	1617
that would enable any data verification code to be matched to	1618
personally identifiable student data.	1619

(b) Each school district and community school shall ensure	1620
that the data verification code is included in the student's	1621
records reported to any subsequent school district, community	1622
school, or state institution of higher education, as defined in	1623
section 3345.011 of the Revised Code, in which the student	1624
enrolls. Any such subsequent district or school shall utilize the	1625
same identifier in its reporting of data under this section.	1626

(c) The director of any state agency that administers a	1627
publicly funded program providing services to children who are	1628
younger than compulsory school age, as defined in section 3321.01	1629
of the Revised Code, including the directors of health, job and	1630
family services, mental health and addiction services, and	1631
developmental disabilities, shall request and receive, pursuant to	1632
sections 3301.0723 and 3701.62 of the Revised Code, a data	1633
verification code for a child who is receiving those services.	1634

(E) The guidelines adopted under this section may require	1635
school districts to collect and report data, information, or	1636
reports other than that described in divisions (A), (B), and (C)	1637
of this section for the purpose of complying with other reporting	1638
requirements established in the Revised Code. The other data,	1639
information, or reports may be maintained in the education	1640
management information system but are not required to be compiled	1641
as part of the profile formats required under division (G) of this	1642
section or the annual statewide report required under division (H)	1643
of this section.	1644

(F) Beginning with the school year that begins July 1, 1991,	1645
the board of education of each school district shall annually	1646
collect and report to the state board, in accordance with the	1647
guidelines established by the board, the data required pursuant to	1648
this section. A school district may collect and report these data	1649
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	1650

(G) The state board shall, in accordance with the procedures	1651
it adopts, annually compile the data reported by each school	1652
district pursuant to division (D) of this section. The state board	1653
shall design formats for profiling each school district as a whole	1654
and each school building within each district and shall compile	1655
the data in accordance with these formats. These profile formats	1656
shall:	1657

(1) Include all of the data gathered under this section in a	1658
manner that facilitates comparison among school districts and	1659
among school buildings within each school district;	1660

(2) Present the data on academic achievement levels as	1661
assessed by the testing of student achievement maintained pursuant	1662
to division (B)(1)(d) of this section.	1663

(H)(1) The state board shall, in accordance with the	1664
procedures it adopts, annually prepare a statewide report for all	1665
school districts and the general public that includes the profile	1666
of each of the school districts developed pursuant to division (G)	1667
of this section. Copies of the report shall be sent to each school	1668
district.	1669

(2) The state board shall, in accordance with the procedures	1670
it adopts, annually prepare an individual report for each school	1671
district and the general public that includes the profiles of each	1672
of the school buildings in that school district developed pursuant	1673
to division (G) of this section. Copies of the report shall be	1674
sent to the superintendent of the district and to each member of	1675
the district board of education.	1676

(3) Copies of the reports received from the state board under	1677
divisions (H)(1) and (2) of this section shall be made available	1678
to the general public at each school district's offices. Each	1679
district board of education shall make copies of each report	1680
available to any person upon request and payment of a reasonable	1681
fee for the cost of reproducing the report. The board shall	1682
annually publish in a newspaper of general circulation in the	1683
school district, at least twice during the two weeks prior to the	1684
week in which the reports will first be available, a notice	1685
containing the address where the reports are available and the	1686
date on which the reports will be available.	1687

(I) Any data that is collected or maintained pursuant to this	1688
section and that identifies an individual pupil is not a public	1689
record for the purposes of section 149.43 of the Revised Code.	1690

(J) As used in this section:

1691

(1) "School district" means any city, local, exempted	1692
village, or joint vocational school district and, in accordance	1693
with section 3314.17 of the Revised Code, any community school. As	1694
used in division (L) of this section, "school district" also	1695
includes any educational service center or other educational	1696
entity required to submit data using the system established under	1697
this section.	1698

(2) "Cost" means any expenditure for operating expenses made	1699
by a school district excluding any expenditures for debt	1700
retirement except for payments made to any commercial lending	1701
institution for any loan approved pursuant to section 3313.483 of	1702
the Revised Code.	1703

(K) Any person who removes data from the information system	1704
established under this section for the purpose of releasing it to	1705
any person not entitled under law to have access to such	1706
information is subject to section 2913.42 of the Revised Code	1707
prohibiting tampering with data.	1708

(L)(1) In accordance with division (L)(2) of this section and	1709
the rules adopted under division (L)(10) of this section, the	1710
department of education may sanction any school district that	1711
reports incomplete or inaccurate data, reports data that does not	1712
conform to data requirements and descriptions published by the	1713
department, fails to report data in a timely manner, or otherwise	1714
does not make a good faith effort to report data as required by	1715
this section.	1716

(2) If the department decides to sanction a school district	1717
under this division, the department shall take the following	1718
sequential actions:	1719

(a) Notify the district in writing that the department has	1720
determined that data has not been reported as required under this	1721
section and require the district to review its data submission and	1722
submit corrected data by a deadline established by the department.	1723
The department also may require the district to develop a	1724
corrective action plan, which shall include provisions for the	1725
district to provide mandatory staff training on data reporting	1726
procedures.	1727

(b) Withhold up to ten per cent of the total amount of state	1728
funds due to the district for the current fiscal year and, if not	1729
previously required under division (L)(2)(a) of this section,	1730
require the district to develop a corrective action plan in	1731
accordance with that division;	1732

(c) Withhold an additional amount of up to twenty per cent of	1733
the total amount of state funds due to the district for the	1734
current fiscal year;	1735

(d) Direct department staff or an outside entity to	1736
investigate the district's data reporting practices and make	1737
recommendations for subsequent actions. The recommendations may	1738
include one or more of the following actions:	1739

(i) Arrange for an audit of the district's data reporting	1740
practices by department staff or an outside entity;	1741

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

1742

(iii) Withhold an additional amount of up to thirty per cent	1743
of the total amount of state funds due to the district for the	1744
current fiscal year;	1745

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

1746

(v) Assign department staff to supervise the district's data	1747
management system;	1748

(vi) Conduct an investigation to determine whether to suspend	1749
or revoke the license of any district employee in accordance with	1750
division (N) of this section;	1751

(vii) If the district is issued a report card under section	1752
3302.03 of the Revised Code, indicate on the report card that the	1753
district has been sanctioned for failing to report data as	1754
required by this section;	1755

(viii) If the district is issued a report card under section	1756
3302.03 of the Revised Code and incomplete or inaccurate data	1757
submitted by the district likely caused the district to receive a	1758
higher performance rating than it deserved under that section,	1759
issue a revised report card for the district;	1760

(ix) Any other action designed to correct the district's data	1761
reporting problems.	1762

(3) Any time the department takes an action against a school	1763
district under division (L)(2) of this section, the department	1764
shall make a report of the circumstances that prompted the action.	1765
The department shall send a copy of the report to the district	1766
superintendent or chief administrator and maintain a copy of the	1767
report in its files.	1768

(4) If any action taken under division (L)(2) of this section	1769
resolves a school district's data reporting problems to the	1770
department's satisfaction, the department shall not take any	1771
further actions described by that division. If the department	1772
withheld funds from the district under that division, the	1773
department may release those funds to the district, except that if	1774
the department withheld funding under division (L)(2)(c) of this	1775
section, the department shall not release the funds withheld under	1776
division (L)(2)(b) of this section and, if the department withheld	1777
funding under division (L)(2)(d) of this section, the department	1778
shall not release the funds withheld under division (L)(2)(b) or	1779
(c) of this section.	1780

(5) Notwithstanding anything in this section to the contrary,	1781
the department may use its own staff or an outside entity to	1782
conduct an audit of a school district's data reporting practices	1783
any time the department has reason to believe the district has not	1784
made a good faith effort to report data as required by this	1785
section. If any audit conducted by an outside entity under	1786
division (L)(2)(d)(i) or (5) of this section confirms that a	1787
district has not made a good faith effort to report data as	1788
required by this section, the district shall reimburse the	1789
department for the full cost of the audit. The department may	1790
withhold state funds due to the district for this purpose.	1791

(6) Prior to issuing a revised report card for a school	1792
district under division (L)(2)(d)(viii) of this section, the	1793
department may hold a hearing to provide the district with an	1794
opportunity to demonstrate that it made a good faith effort to	1795
report data as required by this section. The hearing shall be	1796
conducted by a referee appointed by the department. Based on the	1797
information provided in the hearing, the referee shall recommend	1798
whether the department should issue a revised report card for the	1799
district. If the referee affirms the department's contention that	1800
the district did not make a good faith effort to report data as	1801
required by this section, the district shall bear the full cost of	1802
conducting the hearing and of issuing any revised report card.	1803

(7) If the department determines that any inaccurate data	1804
reported under this section caused a school district to receive	1805
excess state funds in any fiscal year, the district shall	1806
reimburse the department an amount equal to the excess funds, in	1807
accordance with a payment schedule determined by the department.	1808
The department may withhold state funds due to the district for	1809
this purpose.	1810

(8) Any school district that has funds withheld under	1811
division (L)(2) of this section may appeal the withholding in	1812
accordance with Chapter 119. of the Revised Code.	1813

(9) In all cases of a disagreement between the department and	1814
a school district regarding the appropriateness of an action taken	1815
under division (L)(2) of this section, the burden of proof shall	1816
be on the district to demonstrate that it made a good faith effort	1817
to report data as required by this section.	1818

(10) The state board of education shall adopt rules under	1819
Chapter 119. of the Revised Code to implement division (L) of this	1820
section.	1821

(M) No information technology center or school district shall	1822
acquire, change, or update its student administration software	1823
package to manage and report data required to be reported to the	1824
department unless it converts to a student software package that	1825
is certified by the department.	1826

(N) The state board of education, in accordance with sections	1827
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	1828
license as defined under division (A) of section 3319.31 of the	1829
Revised Code that has been issued to any school district employee	1830
found to have willfully reported erroneous, inaccurate, or	1831
incomplete data to the education management information system.	1832

(O) No person shall release or maintain any information about	1833
any student in violation of this section. Whoever violates this	1834
division is guilty of a misdemeanor of the fourth degree.	1835

(P) The department shall disaggregate the data collected	1836
under division (B)(1)(n) of this section according to the race and	1837
socioeconomic status of the students assessed. ~~No data collected~~	1838
~~under that division shall be included on the report cards required~~	1839
~~by section 3302.03 of the Revised Code.~~	1840

(Q) If the department cannot compile any of the information	1841
required by division (H) of section 3302.03 of the Revised Code	1842
based upon the data collected under this section, the department	1843
shall develop a plan and a reasonable timeline for the collection	1844
of any data necessary to comply with that division.	1845

Sec. 3301.0715. (A) Except as otherwise required under	1846
division (B)(1) of section 3313.608 of the Revised Code, the board	1847
of education of each city, local, and exempted village school	1848
district shall administer each applicable diagnostic assessment	1849
developed and provided to the district in accordance with section	1850
3301.079 of the Revised Code to the following:	1851

(1) Any student who transfers into the district or to a	1852
different school within the district if each applicable diagnostic	1853
assessment was not administered by the district or school the	1854
student previously attended in the current school year, within	1855
thirty days after the date of transfer. If the district or school	1856
into which the student transfers cannot determine whether the	1857
student has taken any applicable diagnostic assessment in the	1858
current school year, the district or school may administer the	1859
diagnostic assessment to the student. However, if a student	1860
transfers into the district prior to the administration of the	1861
diagnostic assessments to all students under division (B) of this	1862
section, the district may administer the diagnostic assessments to	1863
that student on the date or dates determined under that division.	1864

(2)~~(a) Prior to July 1, 2014, each kindergarten student, not~~	1865
~~earlier than four weeks prior to the first day of school and not~~	1866
~~later than the first day of October.~~	1867

~~(b) Beginning July 1, 2014, each~~Each kindergarten student,	1868
not earlier than the first day of the school year and not later	1869
than the first day of November, except that the language and	1870
reading skills portion of the assessment shall be administered by	1871
the thirtieth day of September to fulfill the requirements of	1872
division (B) of section 3313.608 of the Revised Code.	1873

For the purpose of division (A)(2) of this section, the	1874
district shall administer the kindergarten readiness assessment	1875
provided by the department of education. In no case shall the	1876
results of the readiness assessment be used to prohibit a student	1877
from enrolling in kindergarten.	1878

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

1879

Division (A) of this section does not apply to students with	1880
significant cognitive disabilities, as defined by the department	1881
of education.	1882

(B) Each district board shall administer each diagnostic	1883
assessment when the board deems appropriate, provided the	1884
administration complies with section 3313.608 of the Revised Code.	1885
However, the board shall administer any diagnostic assessment at	1886
least once annually to all students in the appropriate grade	1887
level. A district board may administer any diagnostic assessment	1888
in the fall and spring of a school year to measure the amount of	1889
academic growth attributable to the instruction received by	1890
students during that school year.	1891

(C) Any district that received ~~an excellent or effective~~	1892
~~rating~~a grade of "A" or "B" for the performance index score under	1893
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) of section 3302.03 of	1894
the Revised Code or for the value-added progress dimension under	1895
division (A)(1)(e), (B)(1)(e), or (C)(1)(e) of section 3302.03 of	1896
the Revised Code for the immediately preceding school year,	1897
~~pursuant to section 3302.03 of the Revised Code as it existed~~	1898
~~prior to March 22, 2013, or the equivalent of such rating as~~	1899
~~determined by the department of education,~~ may use different	1900
diagnostic assessments from those adopted under division (D) of	1901
section 3301.079 of the Revised Code in order to satisfy the	1902
requirements of division (A)~~(2)~~(3) of this section.	1903

(D) Each district board shall utilize and score any	1904
diagnostic assessment administered under division (A) of this	1905
section in accordance with rules established by the department.	1906
After the administration of any diagnostic assessment, each	1907
district shall provide a student's completed diagnostic	1908
assessment, the results of such assessment, and any other	1909
accompanying documents used during the administration of the	1910
assessment to the parent of that student, and shall include all	1911
such documents and information in any plan developed for the	1912
student under division (C) of section 3313.608 of the Revised	1913
Code. Each district shall submit to the department, in the manner	1914
the department prescribes, the results of the diagnostic	1915
assessments administered under this section, regardless of the	1916
type of assessment used under section 3313.608 of the Revised	1917
Code. The department may issue reports with respect to the data	1918
collected. The department may report school and district level	1919
kindergarten diagnostic assessment data and use diagnostic	1920
assessment data to calculate the measure prescribed by divisions	1921
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.	1922

(E) Each district board shall provide intervention services	1923
to students whose diagnostic assessments show that they are	1924
failing to make satisfactory progress toward attaining the	1925
academic standards for their grade level.	1926

Sec. 3301.163. (A) Beginning July 1, 2015, any third-grade	1927
student who attends a chartered nonpublic school with a	1928
scholarship awarded under either the educational choice	1929
scholarship pilot program, prescribed in sections 3310.01 to	1930
3310.17, or the pilot project scholarship program prescribed in	1931
sections 3313.974 to 3313.979 of the Revised Code, shall be	1932
subject to the third-grade reading guarantee retention provisions	1933
under division (A)(2) of section 3313.608 of the Revised Code,	1934
including the exemptions prescribed by that division. For purposes	1935
of determining if a child with a disability is exempt from	1936
retention under this section, an individual services plan created	1937
for the child that exempts the student from retention shall be	1938
considered in the same manner as an individualized education	1939
program or plan under section 504 of the "Rehabilitation Act of	1940
1973," 87 Stat. 355, 29 U.S.C. 794, as amended, as prescribed by	1941
division (A)(2) of section 3313.608 of the Revised Code.	1942

As used in this section, "child with a disability" has the	1943
same meaning as in section 3323.01 of the Revised Code.	1944

(B)(1) Each chartered nonpublic school that enrolls students	1945
in any of grades kindergarten through three and that accepts	1946
students under the educational choice scholarship pilot program or	1947
the pilot project scholarship program shall adopt policies and	1948
procedures for the annual assessment of the reading skills of	1949
those students. Each school may use the diagnostic assessment to	1950
measure reading ability for the appropriate grade level prescribed	1951
in division (D) of section 3301.079 of the Revised Code. If the	1952
school uses such assessments, the department of education shall	1953
furnish them to the chartered nonpublic school.	1954

(2) For each student identified as having reading skills	1955
below grade level, the school shall do both of the following:	1956

(a) Provide to the student's parent or guardian, in writing,	1957
all of the following:	1958

(i) Notification that the student has been identified as	1959
having a substantial deficiency in reading;	1960

(ii) Notification that if the student attains a score in the	1961
range designated under division (A)(3) of section 3301.0710 of the	1962
Revised Code on the assessment prescribed under that section to	1963
measure skill in English language arts expected at the end of	1964
third grade, the student shall be retained unless the student is	1965
exempt under division (A)(1) of section 3313.608 of the Revised	1966
Code.	1967

(b) Provide intensive reading instruction services, as	1968
determined appropriate by the school, to each student identified	1969
under this section.	1970

(C) Each chartered nonpublic school subject to this section	1971
annually shall report to the department the number of students	1972
identified as reading at grade level and the number of students	1973
identified as reading below grade level.	1974

Sec. 3301.947. Data collected in the course of testing under	1975
sections 3301.079, 3301.0710, 3301.0711, and 3301.0712 of the	1976
Revised Code shall be used for the sole purpose of measuring and	1977
improving the academic progress and needs of students, educators,	1978
school districts, and schools. In the course of such testing, no	1979
personally identifiable information of a student's or a student's	1980
family's social security numbers, religion, political party	1981
affiliation, voting history, or biometric information shall be	1982
collected, tracked, housed with, reported to, or shared with any	1983
entity, including the federal or state government.	1984

Sec. 3302.03. Annually, not later than the fifteenth day of	1985
September or the preceding Friday when that day falls on a	1986
Saturday or Sunday, the department of education shall assign a	1987
letter grade for overall academic performance and for each	1988
separate performance measure for each school district, and each	1989
school building in a district, in accordance with this section.	1990
The state board shall adopt rules pursuant to Chapter 119. of the	1991
Revised Code to establish performance criteria for each letter	1992
grade and prescribe a method by which the department assigns each	1993
letter grade. For a school building to which any of the	1994
performance measures do not apply, due to grade levels served by	1995
the building, the state board shall designate the performance	1996
measures that are applicable to the building and that must be	1997
calculated separately and used to calculate the building's overall	1998
grade. The department shall issue annual report cards reflecting	1999
the performance of each school district, each building within each	2000
district, and for the state as a whole using the performance	2001
measures and letter grade system described in this section. The	2002
department shall include on the report card for each district and	2003
each building within each district the most recent two-year trend	2004
data in student achievement for each subject and each grade.	2005

(A)(1) For the 2012-2013 school year, the department shall	2006
issue grades as described in division (E) of this section for each	2007
of the following performance measures:	2008

(a) Annual measurable objectives;

2009

(b) Performance index score for a school district or	2010
building. Grades shall be awarded as a percentage of the total	2011
possible points on the performance index system as adopted by the	2012
state board. In adopting benchmarks for assigning letter grades	2013
under division (A)(1)(b) of this section, the state board of	2014
education shall designate ninety per cent or higher for an "A," at	2015
least seventy per cent but not more than eighty per cent for a	2016
"C," and less than fifty per cent for an "F."	2017

(c) The extent to which the school district or building meets	2018
each of the applicable performance indicators established by the	2019
state board under section 3302.02 of the Revised Code and the	2020
percentage of applicable performance indicators that have been	2021
achieved. In adopting benchmarks for assigning letter grades under	2022
division (A)(1)(c) of this section, the state board shall	2023
designate ninety per cent or higher for an "A."	2024

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

2025

In adopting benchmarks for assigning letter grades under	2026
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	2027
department shall designate a four-year adjusted cohort graduation	2028
rate of ninety-three per cent or higher for an "A" and a five-year	2029
cohort graduation rate of ninety-five per cent or higher for an	2030
"A."	2031

(e) The overall score under the value-added progress	2032
dimension of a school district or building, for which the	2033
department shall use up to three years of value-added data as	2034
available. The letter grade assigned for this growth measure shall	2035
be as follows:	2036

(i) A score that is at least two standard errors of measure	2037
above the mean score shall be designated as an "A."	2038

(ii) A score that is at least one standard error of measure	2039
but less than two standard errors of measure above the mean score	2040
shall be designated as a "B."	2041

(iii) A score that is less than one standard error of measure	2042
above the mean score but greater than or equal to one standard	2043
error of measure below the mean score shall be designated as a	2044
"C."	2045

(iv) A score that is not greater than one standard error of	2046
measure below the mean score but is greater than or equal to two	2047
standard errors of measure below the mean score shall be	2048
designated as a "D."	2049

(v) A score that is not greater than two standard errors of	2050
measure below the mean score shall be designated as an "F."	2051

Whenever the value-added progress dimension is used as a	2052
graded performance measure, whether as an overall measure or as a	2053
measure of separate subgroups, the grades for the measure shall be	2054
calculated in the same manner as prescribed in division (A)(1)(e)	2055
of this section.	2056

(f) The value-added progress dimension score for a school	2057
district or building disaggregated for each of the following	2058
subgroups: students identified as gifted, students with	2059
disabilities, and students whose performance places them in the	2060
lowest quintile for achievement on a statewide basis. Each	2061
subgroup shall be a separate graded measure.	2062

(2) Not later than April 30, 2013, the state board of	2063
education shall adopt a resolution describing the performance	2064
measures, benchmarks, and grading system for the 2012-2013 school	2065
year and, not later than June 30, 2013, shall adopt rules in	2066
accordance with Chapter 119. of the Revised Code that prescribe	2067
the methods by which the performance measures under division	2068
(A)(1) of this section shall be assessed and assigned a letter	2069
grade, including performance benchmarks for each letter grade.	2070

At least forty-five days prior to the state board's adoption	2071
of rules to prescribe the methods by which the performance	2072
measures under division (A)(1) of this section shall be assessed	2073
and assigned a letter grade, the department shall conduct a public	2074
presentation before the standing committees of the house of	2075
representatives and the senate that consider education legislation	2076
describing such methods, including performance benchmarks.	2077

(3) There shall not be an overall letter grade for a school	2078
district or building for the 2012-2013 school year.	2079

(B)(1) For the 2013-2014 school year, the department shall	2080
issue grades as described in division (E) of this section for each	2081
of the following performance measures:	2082

(a) Annual measurable objectives;

2083

(b) Performance index score for a school district or	2084
building. Grades shall be awarded as a percentage of the total	2085
possible points on the performance index system as created by the	2086
department. In adopting benchmarks for assigning letter grades	2087
under division (B)(1)(b) of this section, the state board shall	2088
designate ninety per cent or higher for an "A," at least seventy	2089
per cent but not more than eighty per cent for a "C," and less	2090
than fifty per cent for an "F."	2091

(c) The extent to which the school district or building meets	2092
each of the applicable performance indicators established by the	2093
state board under section 3302.03 of the Revised Code and the	2094
percentage of applicable performance indicators that have been	2095
achieved. In adopting benchmarks for assigning letter grades under	2096
division (B)(1)(c) of this section, the state board shall	2097
designate ninety per cent or higher for an "A."	2098

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

2099

(e) The overall score under the value-added progress	2100
dimension of a school district or building~~, for which~~. In	2101
determining the value-added progress dimension score, the	2102
department shall use either up to three years of value-added data	2103
as available or value-added data from the most recent school year	2104
available, whichever results in a higher score for the district or	2105
building.	2106

(f) The value-added progress dimension score for a school	2107
district or building disaggregated for each of the following	2108
subgroups: students identified as gifted in superior cognitive	2109
ability and specific academic ability fields under Chapter 3324.	2110
of the Revised Code, students with disabilities, and students	2111
whose performance places them in the lowest quintile for	2112
achievement on a statewide basis. Each subgroup shall be a	2113
separate graded measure.	2114

(g) Whether a school district or building is making progress	2115
in improving literacy in grades kindergarten through three, as	2116
determined using a method prescribed by the state board. The state	2117
board shall adopt rules to prescribe benchmarks and standards for	2118
assigning grades to districts and buildings for purposes of	2119
division (B)(1)(g) of this section. In adopting benchmarks for	2120
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	2121
this section, the state board shall determine progress made based	2122
on the reduction in the total percentage of students scoring below	2123
grade level, or below proficient, compared from year to year on	2124
the reading and writing diagnostic assessments administered under	2125
section 3301.0715 of the Revised Code and the third grade English	2126
language arts assessment under section 3301.0710 of the Revised	2127
Code, as applicable. The state board shall designate for a "C"	2128
grade a value that is not lower than the statewide average value	2129
for this measure. No grade shall be issued under divisions	2130
(B)(1)(g) and (C)(1)(g) of this section for a district or building	2131
in which less than five per cent of students have scored below	2132
grade level on the diagnostic assessment administered to students	2133
in kindergarten under division (B)(1) of section 3313.608 of the	2134
Revised Code.	2135

(2) In addition to the graded measures in division (B)(1) of	2136
this section, the department shall include on a school district's	2137
or building's report card all of the following without an assigned	2138
letter grade:	2139

(a) The percentage of students enrolled in a district or	2140
building participating in advanced placement classes and the	2141
percentage of those students who received a score of three or	2142
better on advanced placement examinations;	2143

(b) The number of a district's or building's students who	2144
have earned at least three college credits through dual enrollment	2145
or advanced standing programs, such as the post-secondary	2146
enrollment options program under Chapter 3365. of the Revised Code	2147
and state-approved career-technical courses offered through dual	2148
enrollment or statewide articulation, that appear on a student's	2149
transcript or other official document, either of which is issued	2150
by the institution of higher education from which the student	2151
earned the college credit. The credits earned that are reported	2152
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	2153
include any that are remedial or developmental and shall include	2154
those that count toward the curriculum requirements established	2155
for completion of a degree.	2156

(c) The percentage of students enrolled in a district or	2157
building who have taken a national standardized test used for	2158
college admission determinations and the percentage of those	2159
students who are determined to be remediation-free in accordance	2160
with standards adopted under division (F) of section 3345.061 of	2161
the Revised Code;	2162

(d) The percentage of the district's or the building's	2163
students who receive industry credentials. The state board shall	2164
adopt criteria for acceptable industry credentials.	2165

(e) The percentage of students enrolled in a district or	2166
building who are participating in an international baccalaureate	2167
program and the percentage of those students who receive a score	2168
of four or better on the international baccalaureate examinations.	2169

(f) The percentage of the district's or building's students	2170
who receive an honors diploma under division (B) of section	2171
3313.61 of the Revised Code.	2172

(3) Not later than December 31, 2013, the state board shall	2173
adopt rules in accordance with Chapter 119. of the Revised Code	2174
that prescribe the methods by which the performance measures under	2175
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	2176
and assigned a letter grade, including performance benchmarks for	2177
each grade.	2178

At least forty-five days prior to the state board's adoption	2179
of rules to prescribe the methods by which the performance	2180
measures under division (B)(1) of this section shall be assessed	2181
and assigned a letter grade, the department shall conduct a public	2182
presentation before the standing committees of the house of	2183
representatives and the senate that consider education legislation	2184
describing such methods, including performance benchmarks.	2185

(4) There shall not be an overall letter grade for a school	2186
district or building for the 2013-2014 school year.	2187

(C)(1) For the 2014-2015 school year and each school year	2188
thereafter, the department shall issue grades as described in	2189
division (E) of this section for each of the following performance	2190
measures and an overall letter grade based on an aggregate of	2191
those measures:	2192

(a) Annual measurable objectives;

2193

(b) Performance index score for a school district or	2194
building. Grades shall be awarded as a percentage of the total	2195
possible points on the performance index system as created by the	2196
department. In adopting benchmarks for assigning letter grades	2197
under division (C)(1)(b) of this section, the state board shall	2198
designate ninety per cent or higher for an "A," at least seventy	2199
per cent but not more than eighty per cent for a "C," and less	2200
than fifty per cent for an "F."	2201

(c) The extent to which the school district or building meets	2202
each of the applicable performance indicators established by the	2203
state board under section 3302.03 of the Revised Code and the	2204
percentage of applicable performance indicators that have been	2205
achieved. In adopting benchmarks for assigning letter grades under	2206
division (C)(1)(c) of this section, the state board shall	2207
designate ninety per cent or higher for an "A."	2208

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

2209

(e) The overall score under the value-added progress	2210
dimension, or another measure of student academic progress if	2211
adopted by the state board, of a school district or building~~, for~~	2212
~~which~~. In determining the value-added progress dimension score,	2213
the department shall use either up to three years of value-added	2214
data as available or value-added data from the most recent school	2215
year available, whichever results in a higher score for the	2216
district or building.	2217

In adopting benchmarks for assigning letter grades for	2218
overall score on value-added progress dimension under division	2219
(C)(1)(e) of this section, the state board shall prohibit the	2220
assigning of a grade of "A" for that measure unless the district's	2221
or building's grade assigned for value-added progress dimension	2222
for all subgroups under division (C)(1)(f) of this section is a	2223
"B" or higher.	2224

For the metric prescribed by division (C)(1)(e) of this	2225
section, the state board may adopt a student academic progress	2226
measure to be used instead of the value-added progress dimension.	2227
If the state board adopts such a measure, it also shall prescribe	2228
a method for assigning letter grades for the new measure that is	2229
comparable to the method prescribed in division (A)(1)(e) of this	2230
section.	2231

(f) The value-added progress dimension score of a school	2232
district or building disaggregated for each of the following	2233
subgroups: students identified as gifted in superior cognitive	2234
ability and specific academic ability fields under Chapter 3324.	2235
of the Revised Code, students with disabilities, and students	2236
whose performance places them in the lowest quintile for	2237
achievement on a statewide basis, as determined by a method	2238
prescribed by the state board. Each subgroup shall be a separate	2239
graded measure.	2240

The state board may adopt student academic progress measures	2241
to be used instead of the value-added progress dimension. If the	2242
state board adopts such measures, it also shall prescribe a method	2243
for assigning letter grades for the new measures that is	2244
comparable to the method prescribed in division (A)(1)(e) of this	2245
section.	2246

(g) Whether a school district or building is making progress	2247
in improving literacy in grades kindergarten through three, as	2248
determined using a method prescribed by the state board. The state	2249
board shall adopt rules to prescribe benchmarks and standards for	2250
assigning grades to a district or building for purposes of	2251
division (C)(1)(g) of this section. The state board shall	2252
designate for a "C" grade a value that is not lower than the	2253
statewide average value for this measure. No grade shall be issued	2254
under division (C)(1)(g) of this section for a district or	2255
building in which less than five per cent of students have scored	2256
below grade level on the kindergarten diagnostic assessment under	2257
division (B)(1) of section 3313.608 of the Revised Code.	2258

(2) In addition to the graded measures in division (C)(1) of	2259
this section, the department shall include on a school district's	2260
or building's report card all of the following without an assigned	2261
letter grade:	2262

(a) The percentage of students enrolled in a district or	2263
building who have taken a national standardized test used for	2264
college admission determinations and the percentage of those	2265
students who are determined to be remediation-free in accordance	2266
with the standards adopted under division (F) of section 3345.061	2267
of the Revised Code;	2268

(b) The percentage of students enrolled in a district or	2269
building participating in advanced placement classes and the	2270
percentage of those students who received a score of three or	2271
better on advanced placement examinations;	2272

(c) The ~~number~~percentage of a district's or building's	2273
students who have earned at least three college credits through	2274
~~dual enrollment~~advanced standing programs, such as the	2275
~~post-secondary enrollment options~~college credit plus program	2276
under Chapter 3365. of the Revised Code and state-approved	2277
career-technical courses offered through dual enrollment or	2278
statewide articulation, that appear on a student's college	2279
transcript ~~or other official document, either of which is~~ issued	2280
by the institution of higher education from which the student	2281
earned the college credit. The credits earned that are reported	2282
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	2283
include any that are remedial or developmental and shall include	2284
those that count toward the curriculum requirements established	2285
for completion of a degree.	2286

(d) The percentage of the district's or building's students	2287
who receive an honor's diploma under division (B) of section	2288
3313.61 of the Revised Code;	2289

(e) The percentage of the district's or building's students	2290
who receive industry credentials;	2291

(f) The percentage of students enrolled in a district or	2292
building who are participating in an international baccalaureate	2293
program and the percentage of those students who receive a score	2294
of four or better on the international baccalaureate examinations;	2295

(g) The results of the college and career-ready assessments	2296
administered under division (B)(1) of section 3301.0712 of the	2297
Revised Code.	2298

(3) The state board shall adopt rules pursuant to Chapter	2299
119. of the Revised Code that establish a method to assign an	2300
overall grade for a school district or school building for the	2301
2014-2015 school year and each school year thereafter. The rules	2302
shall group the performance measures in divisions (C)(1) and (2)	2303
of this section into the following components:	2304

(a) Gap closing, which shall include the performance measure	2305
in division (C)(1)(a) of this section;	2306

(b) Achievement, which shall include the performance measures	2307
in divisions (C)(1)(b) and (c) of this section;	2308

(c) Progress, which shall include the performance measures in	2309
divisions (C)(1)(e) and (f) of this section;	2310

(d) Graduation, which shall include the performance measure	2311
in division (C)(1)(d) of this section;	2312

(e) Kindergarten through third-grade literacy, which shall	2313
include the performance measure in division (C)(1)(g) of this	2314
section;	2315

(f) Prepared for success, which shall include the performance	2316
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	2317
this section. The state board shall develop a method to determine	2318
a grade for the component in division (C)(3)(f) of this section	2319
using the performance measures in divisions (C)(2)(a), (b), (c),	2320
(d), (e), and (f) of this section. When available, the state board	2321
may incorporate the performance measure under division (C)(2)(g)	2322
of this section into the component under division (C)(3)(f) of	2323
this section. When determining the overall grade for the prepared	2324
for success component prescribed by division (C)(3)(f) of this	2325
section, no individual student shall be counted in more than one	2326
performance measure. However, if a student qualifies for more than	2327
one performance measure in the component, the state board may, in	2328
its method to determine a grade for the component, specify an	2329
additional weight for such a student that is not greater than or	2330
equal to 1.0. In determining the overall score under division	2331
(C)(3)(f) of this section, the state board shall ensure that the	2332
pool of students included in the performance measures aggregated	2333
under that division are all of the students included in the four-	2334
and five-year adjusted graduation cohort.	2335

In the rules adopted under division (C)(3) of this section,	2336
the state board shall adopt a method for determining a grade for	2337
each component in divisions (C)(3)(a) to (f) of this section. The	2338
state board also shall establish a method to assign an overall	2339
grade of "A," "B," "C," "D," or "F" using the grades assigned for	2340
each component. The method the state board adopts for assigning an	2341
overall grade shall give equal weight to the components in	2342
divisions (C)(3)(b) and (c) of this section.	2343

At least forty-five days prior to the state board's adoption	2344
of rules to prescribe the methods for calculating the overall	2345
grade for the report card, as required by this division, the	2346
department shall conduct a public presentation before the standing	2347
committees of the house of representatives and the senate that	2348
consider education legislation describing the format for the	2349
report card, weights that will be assigned to the components of	2350
the overall grade, and the method for calculating the overall	2351
grade.	2352

(D) Not later than July 1, 2015, the state board shall	2353
develop a measure of student academic progress for high school	2354
students. Beginning with the report card for the 2015-2016 school	2355
year, each school district and applicable school building shall be	2356
assigned a separate letter grade for this measure and the	2357
district's or building's grade for that measure shall be included	2358
in determining the district's or building's overall letter grade.	2359
This measure shall be included within the measure prescribed in	2360
division (C)(3)(c) of this section in the calculation for the	2361
overall letter grade.	2362

(E) The letter grades assigned to a school district or	2363
building under this section shall be as follows:	2364

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

2365

(2) "B" for a district or school making above average	2366
progress;	2367

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

2368

(4) "D" for a district or school making below average	2369
progress;	2370

(5) "F" for a district or school failing to meet minimum	2371
progress.	2372

(F) When reporting data on student achievement and progress,	2373
the department shall disaggregate that data according to the	2374
following categories:	2375

(1) Performance of students by grade-level;

2376

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

2377

(3) Performance of students by gender;

2378

(4) Performance of students grouped by those who have been	2379
enrolled in a district or school for three or more years;	2380

(5) Performance of students grouped by those who have been	2381
enrolled in a district or school for more than one year and less	2382
than three years;	2383

(6) Performance of students grouped by those who have been	2384
enrolled in a district or school for one year or less;	2385

(7) Performance of students grouped by those who are	2386
economically disadvantaged;	2387

(8) Performance of students grouped by those who are enrolled	2388
in a conversion community school established under Chapter 3314.	2389
of the Revised Code;	2390

(9) Performance of students grouped by those who are	2391
classified as limited English proficient;	2392

(10) Performance of students grouped by those who have	2393
disabilities;	2394

(11) Performance of students grouped by those who are	2395
classified as migrants;	2396

(12) Performance of students grouped by those who are	2397
identified as gifted in superior cognitive ability and the	2398
specific academic ability fields of reading and math pursuant to	2399
Chapter 3324. of the Revised Code. In disaggregating specific	2400
academic ability fields for gifted students, the department shall	2401
use data for those students with specific academic ability in math	2402
and reading. If any other academic field is assessed, the	2403
department shall also include data for students with specific	2404
academic ability in that field as well.	2405

(13) Performance of students grouped by those who perform in	2406
the lowest quintile for achievement on a statewide basis, as	2407
determined by a method prescribed by the state board.	2408

The department may disaggregate data on student performance	2409
according to other categories that the department determines are	2410
appropriate. To the extent possible, the department shall	2411
disaggregate data on student performance according to any	2412
combinations of two or more of the categories listed in divisions	2413
(F)(1) to (13) of this section that it deems relevant.	2414

In reporting data pursuant to division (F) of this section,	2415
the department shall not include in the report cards any data	2416
statistical in nature that is statistically unreliable or that	2417
could result in the identification of individual students. For	2418
this purpose, the department shall not report student performance	2419
data for any group identified in division (F) of this section that	2420
contains less than ten students. If the department does not report	2421
student performance data for a group because it contains less than	2422
ten students, the department shall indicate on the report card	2423
that is why data was not reported.	2424

(G) The department may include with the report cards any	2425
additional education and fiscal performance data it deems	2426
valuable.	2427

(H) The department shall include on each report card a list	2428
of additional information collected by the department that is	2429
available regarding the district or building for which the report	2430
card is issued. When available, such additional information shall	2431
include student mobility data disaggregated by race and	2432
socioeconomic status, college enrollment data, and the reports	2433
prepared under section 3302.031 of the Revised Code.	2434

The department shall maintain a site on the world wide web.	2435
The report card shall include the address of the site and shall	2436
specify that such additional information is available to the	2437
public at that site. The department shall also provide a copy of	2438
each item on the list to the superintendent of each school	2439
district. The district superintendent shall provide a copy of any	2440
item on the list to anyone who requests it.	2441

(I) Division (I) of this section does not apply to conversion	2442
community schools that primarily enroll students between sixteen	2443
and twenty-two years of age who dropped out of high school or are	2444
at risk of dropping out of high school due to poor attendance,	2445
disciplinary problems, or suspensions.	2446

(1) For any district that sponsors a conversion community	2447
school under Chapter 3314. of the Revised Code, the department	2448
shall combine data regarding the academic performance of students	2449
enrolled in the community school with comparable data from the	2450
schools of the district for the purpose of determining the	2451
performance of the district as a whole on the report card issued	2452
for the district under this section or section 3302.033 of the	2453
Revised Code.	2454

(2) Any district that leases a building to a community school	2455
located in the district or that enters into an agreement with a	2456
community school located in the district whereby the district and	2457
the school endorse each other's programs may elect to have data	2458
regarding the academic performance of students enrolled in the	2459
community school combined with comparable data from the schools of	2460
the district for the purpose of determining the performance of the	2461
district as a whole on the district report card. Any district that	2462
so elects shall annually file a copy of the lease or agreement	2463
with the department.	2464

(3) Any municipal school district, as defined in section	2465
3311.71 of the Revised Code, that sponsors a community school	2466
located within the district's territory, or that enters into an	2467
agreement with a community school located within the district's	2468
territory whereby the district and the community school endorse	2469
each other's programs, may exercise either or both of the	2470
following elections:	2471

(a) To have data regarding the academic performance of	2472
students enrolled in that community school combined with	2473
comparable data from the schools of the district for the purpose	2474
of determining the performance of the district as a whole on the	2475
district's report card;	2476

(b) To have the number of students attending that community	2477
school noted separately on the district's report card.	2478

The election authorized under division (I)(3)(a) of this	2479
section is subject to approval by the governing authority of the	2480
community school.	2481

Any municipal school district that exercises an election to	2482
combine or include data under division (I)(3) of this section, by	2483
the first day of October of each year, shall file with the	2484
department documentation indicating eligibility for that election,	2485
as required by the department.	2486

(J) The department shall include on each report card the	2487
percentage of teachers in the district or building who are highly	2488
qualified, as defined by the "No Child Left Behind Act of 2001,"	2489
and a comparison of that percentage with the percentages of such	2490
teachers in similar districts and buildings.	2491

(K)(1) In calculating English language arts, mathematics,	2492
social studies, or science assessment passage rates used to	2493
determine school district or building performance under this	2494
section, the department shall include all students taking an	2495
assessment with accommodation or to whom an alternate assessment	2496
is administered pursuant to division (C)(1) or (3) of section	2497
3301.0711 of the Revised Code.	2498

(2) In calculating performance index scores, rates of	2499
achievement on the performance indicators established by the state	2500
board under section 3302.02 of the Revised Code, and annual	2501
measurable objectives for determining adequate yearly progress for	2502
school districts and buildings under this section, the department	2503
shall do all of the following:	2504

(a) Include for each district or building only those students	2505
who are included in the ADM certified for the first full school	2506
week of October and are continuously enrolled in the district or	2507
building through the time of the spring administration of any	2508
assessment prescribed by division (A)(1) or (B)(1) of section	2509
3301.0710 of the Revised Code that is administered to the	2510
student's grade level;	2511

(b) Include cumulative totals from both the fall and spring	2512
administrations of the third grade English language arts	2513
achievement assessment;	2514

(c) Except as required by the "No Child Left Behind Act of	2515
2001," exclude for each district or building any limited English	2516
proficient student who has been enrolled in United States schools	2517
for less than one full school year.	2518

(L) Beginning with the 2015-2016 school year and at least	2519
once every three years thereafter, the state board of education	2520
shall review and may adjust the benchmarks for assigning letter	2521
grades to the performance measures and components prescribed under	2522
divisions (C)(3) and (D) of this section.	2523

Sec. 3302.036. (A) Notwithstanding anything in the Revised	2524
Code to the contrary, the department of education shall not assign	2525
an overall letter grade under division (C)(3) of section 3302.03	2526
of the Revised Code for any school district or building for the	2527
2014-2015 school year and shall not rank school districts,	2528
community schools established under Chapter 3314. of the Revised	2529
Code, or STEM schools established under Chapter 3326. of the	2530
Revised Code under section 3302.21 of the Revised Code for that	2531
school year. The report card ratings issued for the 2014-2015	2532
school year shall not be considered in determining whether a	2533
school district or a school is subject to sanctions or penalties.	2534
However, the report card ratings of any previous or subsequent	2535
years shall be considered in determining whether a school district	2536
or building is subject to sanctions or penalties. Accordingly, the	2537
report card ratings for the 2014-2015 school year shall have no	2538
effect in determining sanctions or penalties, but shall not create	2539
a new starting point for determinations that are based on ratings	2540
over multiple years.	2541

(B) The provisions from which a district or school is exempt	2542
under division (A) of this section shall be the following:	2543

(1) Any restructuring provisions established under this	2544
chapter, except as required under the "No Child Left Behind Act of	2545
2001";	2546

(2) Provisions for the Columbus city school pilot project	2547
under section 3302.042 of the Revised Code;	2548

(3) Provisions for academic distress commissions under	2549
section 3302.10 of the Revised Code;	2550

(4) Provisions prescribing new buildings where students are	2551
eligible for the educational choice scholarships under section	2552
3310.03 of the Revised Code;	2553

(5) Provisions defining "challenged school districts" in	2554
which new start-up community schools may be located, as prescribed	2555
in section 3314.02 of the Revised Code;	2556

(6) Provisions prescribing community school closure	2557
requirements under section 3314.35 or 3314.351 of the Revised	2558
Code.	2559

Sec. 3302.10. (A) ~~Beginning July 1, 2007, the~~The	2560
superintendent of public instruction shall establish an academic	2561
distress commission for each school district that meets any	2562
combination of the following conditions for three or more	2563
consecutive years:	2564

(1) The district has been declared to be in a state of	2565
academic emergency under section 3302.03 of the Revised Code, as	2566
that section existed prior to ~~the effective date of this amendment~~	2567
March 22, 2013, and has failed to make adequate yearly progress;	2568

(2) The district has received a grade of "F" for the	2569
performance index score and a grade of "D" or "F" for the	2570
value-added progress dimension under division (A) or (B) of	2571
section 3302.03 of the Revised Code;	2572

(3) The district has received an overall grade of "F" under	2573
division (C)(2) orof section 3302.03 of the Revised Code~~a grade~~	2574
~~of "F" for the value-added progress dimension under division~~	2575
~~(C)(1)(e) of section 3302.03 of the Revised Code;~~	2576

~~(4) At least fifty per cent of the schools operated by the~~	2577
~~district have received an overall grade of "D" or "F" under~~	2578
~~division (C)(3) of section 3302.03 of the Revised Code~~.	2579

Each commission shall assist the district for which it was	2580
established in improving the district's academic performance.	2581

Each commission is a body both corporate and politic,	2582
constituting an agency and instrumentality of the state and	2583
performing essential governmental functions of the state. A	2584
commission shall be known as the "academic distress commission for	2585
............... (name of school district)," and, in that name, may	2586
exercise all authority vested in such a commission by this	2587
section. A separate commission shall be established for each	2588
school district to which this division applies.	2589

(B) Each academic distress commission shall consist of five	2590
voting members, three of whom shall be appointed by the	2591
superintendent of public instruction and two of whom shall be	2592
residents of the applicable school district appointed by the	2593
president of the district board of education. When a school	2594
district becomes subject to this section, the superintendent of	2595
public instruction shall provide written notification of that fact	2596
to the district board of education and shall request the president	2597
of the district board to submit to the superintendent of public	2598
instruction, in writing, the names of the president's appointees	2599
to the commission. The superintendent of public instruction and	2600
the president of the district board shall make appointments to the	2601
commission within thirty days after the district is notified that	2602
it is subject to this section.	2603

Members of the commission shall serve at the pleasure of	2604
their appointing authority during the life of the commission. In	2605
the event of the death, resignation, incapacity, removal, or	2606
ineligibility to serve of a member, the appointing authority shall	2607
appoint a successor within fifteen days after the vacancy occurs.	2608
Members shall serve without compensation, but shall be paid by the	2609
commission their necessary and actual expenses incurred while	2610
engaged in the business of the commission.	2611

(C) Immediately after appointment of the initial members of	2612
an academic distress commission, the superintendent of public	2613
instruction shall call the first meeting of the commission and	2614
shall cause written notice of the time, date, and place of that	2615
meeting to be given to each member of the commission at least	2616
forty-eight hours in advance of the meeting. The first meeting	2617
shall include an overview of the commission's roles and	2618
responsibilities, the requirements of section 2921.42 and Chapter	2619
102. of the Revised Code as they pertain to commission members,	2620
the requirements of section 121.22 of the Revised Code, and the	2621
provisions of division (F) of this section. At its first meeting,	2622
the commission shall adopt temporary bylaws in accordance with	2623
division (D) of this section to govern its operations until the	2624
adoption of permanent bylaws.	2625

The superintendent of public instruction shall designate a	2626
chairperson for the commission from among the members appointed by	2627
the superintendent. The chairperson shall call and conduct	2628
meetings, set meeting agendas, and serve as a liaison between the	2629
commission and the district board of education. The chairperson	2630
also shall appoint a secretary, who shall not be a member of the	2631
commission.	2632

The department of education shall provide administrative	2633
support for the commission, provide data requested by the	2634
commission, and inform the commission of available state resources	2635
that could assist the commission in its work.	2636

(D) Each academic distress commission may adopt and alter	2637
bylaws and rules, which shall not be subject to section 111.15 or	2638
Chapter 119. of the Revised Code, for the conduct of its affairs	2639
and for the manner, subject to this section, in which its powers	2640
and functions shall be exercised and embodied.	2641

(E) Three members of an academic distress commission	2642
constitute a quorum of the commission. The affirmative vote of	2643
three members of the commission is necessary for any action taken	2644
by vote of the commission. No vacancy in the membership of the	2645
commission shall impair the rights of a quorum by such vote to	2646
exercise all the rights and perform all the duties of the	2647
commission. Members of the commission are not disqualified from	2648
voting by reason of the functions of any other office they hold	2649
and are not disqualified from exercising the functions of the	2650
other office with respect to the school district, its officers, or	2651
the commission.	2652

(F) The members of an academic distress commission, the	2653
superintendent of public instruction, and any person authorized to	2654
act on behalf of or assist them shall not be personally liable or	2655
subject to any suit, judgment, or claim for damages resulting from	2656
the exercise of or failure to exercise the powers, duties, and	2657
functions granted to them in regard to their functioning under	2658
this section, but the commission, superintendent of public	2659
instruction, and such other persons shall be subject to mandamus	2660
proceedings to compel performance of their duties under this	2661
section.	2662

(G) Each member of an academic distress commission shall file	2663
the statement described in section 102.02 of the Revised Code with	2664
the Ohio ethics commission. The statement shall be confidential,	2665
subject to review, as described in division (B) of that section.	2666

(H) Meetings of each academic distress commission shall be	2667
subject to section 121.22 of the Revised Code.	2668

(I)(1) Within one hundred twenty days after the first meeting	2669
of an academic distress commission, the commission shall adopt an	2670
academic recovery plan to improve academic performance in the	2671
school district. The plan shall address academic problems at both	2672
the district and school levels. The plan shall include the	2673
following:	2674

(a) Short-term and long-term actions to be taken to improve	2675
the district's academic performance, including any actions	2676
required by section 3302.04 or 3302.041 of the Revised Code;	2677

(b) The sequence and timing of the actions described in	2678
division (I)(1)(a) of this section and the persons responsible for	2679
implementing the actions;	2680

(c) Resources that will be applied toward improvement	2681
efforts;	2682

(d) Procedures for monitoring and evaluating improvement	2683
efforts;	2684

(e) Requirements for reporting to the commission and the	2685
district board of education on the status of improvement efforts.	2686

(2) The commission may amend the academic recovery plan	2687
subsequent to adoption. The commission shall update the plan at	2688
least annually.	2689

(3) The commission shall submit the academic recovery plan it	2690
adopts or updates to the superintendent of public instruction for	2691
approval immediately following its adoption or updating. The	2692
superintendent shall evaluate the plan and either approve or	2693
disapprove it within thirty days after its submission. If the plan	2694
is disapproved, the superintendent shall recommend modifications	2695
that will render it acceptable. No academic distress commission	2696
shall implement an academic recovery plan unless the	2697
superintendent has approved it.	2698

(4) County, state, and school district officers and employees	2699
shall assist the commission diligently and promptly in the	2700
implementation of the academic recovery plan.	2701

(J) Each academic distress commission shall seek input from	2702
the district board of education regarding ways to improve the	2703
district's academic performance, but any decision of the	2704
commission related to any authority granted to the commission	2705
under this section shall be final.	2706

The commission may do any of the following:

2707

(1) Appoint school building administrators and reassign	2708
administrative personnel;	2709

(2) Terminate the contracts of administrators or	2710
administrative personnel. The commission shall not be required to	2711
comply with section 3319.16 of the Revised Code with respect to	2712
any contract terminated under this division.	2713

(3) Contract with a private entity to perform school or	2714
district management functions;	2715

(4) Establish a budget for the district and approve district	2716
appropriations and expenditures, unless a financial planning and	2717
supervision commission has been established for the district	2718
pursuant to section 3316.05 of the Revised Code.	2719

(K) If the board of education of a district for which an	2720
academic distress commission has been established under this	2721
section renews any collective bargaining agreement under Chapter	2722
4117. of the Revised Code during the existence of the commission,	2723
the district board shall not enter into any agreement that would	2724
render any decision of the commission unenforceable. Section	2725
3302.08 of the Revised Code does not apply to this division.	2726

Notwithstanding any provision to the contrary in Chapter	2727
4117. of the Revised Code, if the board of education has entered	2728
into a collective bargaining agreement after September 29, 2005,	2729
that contains stipulations relinquishing one or more of the rights	2730
or responsibilities listed in division (C) of section 4117.08 of	2731
the Revised Code, those stipulations are not enforceable and the	2732
district board shall resume holding those rights or	2733
responsibilities as if it had not relinquished them in that	2734
agreement until such time as both the academic distress commission	2735
ceases to exist and the district board agrees to relinquish those	2736
rights or responsibilities in a new collective bargaining	2737
agreement. The provisions of this paragraph apply to a collective	2738
bargaining agreement entered into after September 29, 2005, and	2739
those provisions are deemed to be part of that agreement	2740
regardless of whether the district satisfied the conditions	2741
prescribed in division (A) of this section at the time the	2742
district entered into that agreement.	2743

(L) An academic distress commission shall cease to exist when	2744
the district for which it was established receives a performance	2745
rating of in need of continuous improvement or better, under	2746
section 3302.03 of the Revised Code as that section existed prior	2747
to ~~the effective date of this amendment~~March 22, 2013, or a grade	2748
of "C" or better for both the performance index score under	2749
division (A)(1)(b), (B)(1)(b), or (C)(1)(b) and the value-added	2750
progress dimension under division (A)(1)(e), (B)(1)(e), or	2751
(C)(1)(e) of section 3302.03 of the Revised Code for two of the	2752
three prior school years; however, the superintendent of public	2753
instruction may dissolve the commission earlier if the	2754
superintendent determines that the district can perform adequately	2755
without the supervision of the commission. Upon termination of the	2756
commission, the department of education shall compile a final	2757
report of the commission's activities to assist other academic	2758
distress commissions in the conduct of their functions.	2759

Sec. 3302.15. (A) Notwithstanding anything to the contrary	2760
in Chapter 3301. or 3302. of the Revised Code, the board of	2761
education of a school district may submit to the superintendent of	2762
public instruction a request for a waiver for up to five school	2763
years from administering the state achievement assessments	2764
required under sections 3301.0710 and 3301.0712 of the Revised	2765
Code and related requirements specified under division (C)(2) of	2766
this section. A district that obtains a waiver under this section	2767
shall use the alternative assessment system, as proposed by the	2768
district or school and as approved by the state superintendent, in	2769
place of the assessments required under sections 3301.0710 and	2770
3301.0712 of the Revised Code.	2771

(B) To be eligible to submit a request for a waiver under	2772
this section, a school district shall be a member of the Ohio	2773
innovation lab network.	2774

(C)(1) A request for a waiver under this section shall	2775
contain the following:	2776

(a) A timeline to develop and implement an alternative	2777
assessment system for the school district;	2778

(b) An overview of the proposed educational programs or	2779
strategies to be offered by the school district;	2780

(c) An overview of the proposed alternative assessment	2781
system, including links to state-accepted and nationally accepted	2782
metrics, assessments, and evaluations;	2783

(d) An overview of planning details that have been	2784
implemented or proposed and any documented support from	2785
educational networks, established educational consultants, state	2786
institutions of higher education as defined under section 3345.011	2787
of the Revised Code, and employers or workforce development	2788
partners;	2789

(e) An overview of the capacity to implement the alternative	2790
assessments, conduct the evaluation of teachers with alternative	2791
assessments, and the reporting of student achievement data with	2792
alternative assessments for the purpose the report card ratings	2793
prescribed under section 3302.03 of the Revised Code, all of which	2794
shall include any prior success in implementing innovative	2795
educational programs or strategies, teaching practices, or	2796
assessment practices;	2797

(f) An acknowledgement by the school district of federal	2798
funding that may be impacted by obtaining a waiver.	2799

(2) The request for a waiver shall indicate the extent to	2800
which exemptions from state or federal requirements regarding the	2801
administration of the assessments required under sections	2802
3301.0710 and 3301.0712 of the Revised Code are sought. Such items	2803
from which a school district or school may be exempt are as	2804
follows:	2805

(a) The required administration of state assessments under	2806
sections 3301.0710 and 3301.0712 of the Revised Code;	2807

(b) The evaluation of teachers and administrators under	2808
sections 3311.80, 3311.84, division (D) of 3319.02, and 3319.111	2809
of the Revised Code;	2810

(c) The reporting of student achievement data for the purpose	2811
of the report card ratings prescribed under section 3302.03 of the	2812
Revised Code.	2813

(D) Each request for a waiver shall include the signature of	2814
all of the following:	2815

(1) The superintendent of the school district;

2816

(2) The president of the district board;

2817

(3) The presiding officer of the labor organization	2818
representing the district's or school's teachers, if any;	2819

(4) If the district's teachers are not represented by a labor	2820
organization, the principal and a majority of the administrators	2821
and teachers of the district.	2822

(E) Not later than thirty days after receiving a request for	2823
a waiver, the state superintendent shall approve or deny the	2824
waiver or may request additional information from the district.	2825
The state superintendent shall not grant waivers to more than ten	2826
school districts. A waiver granted to a school district shall be	2827
contingent on an ongoing review and evaluation by the state	2828
superintendent of the program for which the waiver was granted.	2829

(F)(1) For the purpose of this section, the department of	2830
education shall seek a waiver from the testing requirements	2831
prescribed under the "No Child Left Behind Act of 2001," if	2832
necessary to implement this section.	2833

(2) The department shall create a mechanism for the	2834
comparison of the alternative assessments prescribed under	2835
division (C) of this section and the assessments required under	2836
sections 3301.0710 and 3301.0712 of the Revised Code as it relates	2837
to the evaluation of teachers and student achievement data for the	2838
purpose of state report card ratings.	2839

Sec. 3310.03. A student is an "eligible student" for	2840
purposes of the educational choice scholarship pilot program if	2841
the student's resident district is not a school district in which	2842
the pilot project scholarship program is operating under sections	2843
3313.974 to 3313.979 of the Revised Code and the student satisfies	2844
one of the conditions in division (A), (B), (C), or (D) of this	2845
section:	2846

(A)(1) The student is enrolled in a school building operated	2847
by the student's resident district that, on the report card issued	2848
under section 3302.03 of the Revised Code published prior to the	2849
first day of July of the school year for which a scholarship is	2850
sought, did not receive a rating as described in division (H) of	2851
this section, and to which any or a combination of any of the	2852
following apply for two of the three most recent report cards	2853
published prior to the first day of July of the school year for	2854
which a scholarship is sought:	2855

(a) The building was declared to be in a state of academic	2856
emergency or academic watch under section 3302.03 of the Revised	2857
Code as that section existed prior to March 22, 2013.	2858

(b) The building received a grade of "D" or "F" for the	2859
performance index score under division (A)(1)(b) or (B)(1)(b) of	2860
section 3302.03 of the Revised Code and for the value-added	2861
progress dimension under division (A)(1)(e) or (B)(1)(e) of	2862
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	2863
school year, or both; or if the building serves only grades ten	2864
through twelve, the building received a grade of "D" or "F" for	2865
the performance index score under division (A)(1)(b) or (B)(1)(b)	2866
of section 3302.03 of the Revised Code and had a four-year	2867
adjusted cohort graduation rate of less than seventy-five per	2868
cent.	2869

(c) The building received an overall grade of "D" or "F"	2870
under division (C)(3) of section 3302.03 of the Revised Code or a	2871
grade of "F" for the value-added progress dimension under division	2872
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	2873
school year or any school year thereafter.	2874

(2) The student will be enrolling in any of grades	2875
kindergarten through twelve in this state for the first time in	2876
the school year for which a scholarship is sought, will be at	2877
least five years of age by the first day of January of the school	2878
year for which a scholarship is sought, and otherwise would be	2879
assigned under section 3319.01 of the Revised Code in the school	2880
year for which a scholarship is sought, to a school building	2881
described in division (A)(1) of this section.	2882

(3) The student is enrolled in a community school established	2883
under Chapter 3314. of the Revised Code but otherwise would be	2884
assigned under section 3319.01 of the Revised Code to a building	2885
described in division (A)(1) of this section.	2886

(4) The student is enrolled in a school building operated by	2887
the student's resident district or in a community school	2888
established under Chapter 3314. of the Revised Code and otherwise	2889
would be assigned under section 3319.01 of the Revised Code to a	2890
school building described in division (A)(1) of this section in	2891
the school year for which the scholarship is sought.	2892

(5) The student will be both enrolling in any of grades	2893
kindergarten through twelve in this state for the first time and	2894
at least five years of age by the first day of January of the	2895
school year for which a scholarship is sought, or is enrolled in a	2896
community school established under Chapter 3314. of the Revised	2897
Code, and all of the following apply to the student's resident	2898
district:	2899

(a) The district has in force an intradistrict open	2900
enrollment policy under which no student in the student's grade	2901
level is automatically assigned to a particular school building;	2902

(b) In the most recent rating published prior to the first	2903
day of July of the school year for which scholarship is sought,	2904
the district did not receive a rating described in division (H) of	2905
this section, and in at least two of the three most recent report	2906
cards published prior to the first day of July of that school	2907
year, any or a combination of the following apply to the district:	2908

(i) The district was declared to be in a state of academic	2909
emergency under section 3302.03 of the Revised Code as it existed	2910
prior to March 22, 2013.	2911

(ii) The district received a grade of "D" or "F" for the	2912
performance index score under division (A)(1)(b) or (B)(1)(b) of	2913
section 3302.03 of the Revised Code and for the value-added	2914
progress dimension under division (A)(1)(e) or (B)(1)(e) of	2915
section 3302.03 of the Revised Code for the 2012-2013 or 2013-2014	2916
school year, or both.	2917

(c) The district received an overall grade of "D" or "F"	2918
under division (C)(3) of section 3302.03 of the Revised Code or a	2919
grade of "F" for the value-added progress dimension under division	2920
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	2921
school year or any school year thereafter.	2922

(6) Beginning in the 2016-2017 school year, the student is	2923
enrolled in or will be enrolling in a building in the school year	2924
for which the scholarship is sought that serves any of grades nine	2925
through twelve and that received a grade of "D" or "F" for the	2926
four-year adjusted cohort graduation rate under division	2927
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of section 3302.03 of the	2928
Revised Code in two of the three most recent report cards	2929
published prior to the first day of July of the school year for	2930
which a scholarship is sought.	2931

(B)(1) The student is enrolled in a school building operated	2932
by the student's resident district and to which both of the	2933
following apply:	2934

(a) The building was ranked, for at least two of the three	2935
most recent rankings published under section 3302.21 of the	2936
Revised Code prior to the first day of July of the school year for	2937
which a scholarship is sought, in the lowest ten per cent of all	2938
public school buildings according to performance index score under	2939
section 3302.21 of the Revised Code.	2940

(b) The building was not declared to be excellent or	2941
effective, or the equivalent of such ratings as determined by the	2942
department of education, under section 3302.03 of the Revised Code	2943
in the most recent rating published prior to the first day of July	2944
of the school year for which a scholarship is sought.	2945

(2) The student will be enrolling in any of grades	2946
kindergarten through twelve in this state for the first time in	2947
the school year for which a scholarship is sought, will be at	2948
least five years of age, as defined in section 3321.01 of the	2949
Revised Code, by the first day of January of the school year for	2950
which a scholarship is sought, and otherwise would be assigned	2951
under section 3319.01 of the Revised Code in the school year for	2952
which a scholarship is sought, to a school building described in	2953
division (B)(1) of this section.	2954

(3) The student is enrolled in a community school established	2955
under Chapter 3314. of the Revised Code but otherwise would be	2956
assigned under section 3319.01 of the Revised Code to a building	2957
described in division (B)(1) of this section.	2958

(4) The student is enrolled in a school building operated by	2959
the student's resident district or in a community school	2960
established under Chapter 3314. of the Revised Code and otherwise	2961
would be assigned under section 3319.01 of the Revised Code to a	2962
school building described in division (B)(1) of this section in	2963
the school year for which the scholarship is sought.	2964

(C) The student is enrolled in a nonpublic school at the time	2965
the school is granted a charter by the state board of education	2966
under section 3301.16 of the Revised Code and the student meets	2967
the standards of division (B) of section 3310.031 of the Revised	2968
Code.	2969

(D) For the 2016-2017 school year and each school year	2970
thereafter, the student is in any of grades kindergarten through	2971
three, is enrolled in a school building that is operated by the	2972
student's resident district or will be enrolling in any of grades	2973
kindergarten through twelve in this state for the first time in	2974
the school year for which a scholarship is sought, and to which	2975
both of the following apply:	2976

(1) The building, in at least two of the three most recent	2977
ratings of school buildings published prior to the first day of	2978
July of the school year for which a scholarship is sought,	2979
received a grade of "D" or "F" for making progress in improving	2980
literacy in grades kindergarten through three under division	2981
(B)(1)(g) or (C)(1)(g) of section 3302.03 of the Revised Code;	2982

(2) The building did not receive a grade of "A" for making	2983
progress in improving literacy in grades kindergarten through	2984
three under division (B)(1)(g) or (C)(1)(g) of section 3302.03 of	2985
the Revised Code in the most recent rating published prior to the	2986
first day of July of the school year for which a scholarship is	2987
sought.	2988

(E) A student who receives a scholarship under the	2989
educational choice scholarship pilot program remains an eligible	2990
student and may continue to receive scholarships in subsequent	2991
school years until the student completes grade twelve, so long as	2992
all of the following apply:	2993

(1) The student's resident district remains the same, or the	2994
student transfers to a new resident district and otherwise would	2995
be assigned in the new resident district to a school building	2996
described in division (A)(1), (B)(1), or (D) of this section;	2997

(2) The student takes each assessment prescribed for the	2998
student's grade level under section 3301.0710 or 3301.0712 of the	2999
Revised Code while enrolled in a chartered nonpublic school;	3000

(3) In each school year that the student is enrolled in a	3001
chartered nonpublic school, the student is absent from school for	3002
not more than twenty days that the school is open for instruction,	3003
not including excused absences.	3004

(F)(1) The department shall cease awarding first-time	3005
scholarships pursuant to divisions (A)(1) to (4) of this section	3006
with respect to a school building that, in the most recent ratings	3007
of school buildings published under section 3302.03 of the Revised	3008
Code prior to the first day of July of the school year, ceases to	3009
meet the criteria in division (A)(1) of this section. The	3010
department shall cease awarding first-time scholarships pursuant	3011
to division (A)(5) of this section with respect to a school	3012
district that, in the most recent ratings of school districts	3013
published under section 3302.03 of the Revised Code prior to the	3014
first day of July of the school year, ceases to meet the criteria	3015
in division (A)(5) of this section.	3016

(2) The department shall cease awarding first-time	3017
scholarships pursuant to divisions (B)(1) to (4) of this section	3018
with respect to a school building that, in the most recent ratings	3019
of school buildings under section 3302.03 of the Revised Code	3020
prior to the first day of July of the school year, ceases to meet	3021
the criteria in division (B)(1) of this section.	3022

(3) The department shall cease awarding first-time	3023
scholarships pursuant to division (D) of this section with respect	3024
to a school building that, in the most recent ratings of school	3025
buildings under section 3302.03 of the Revised Code prior to the	3026
first day of July of the school year, ceases to meet the criteria	3027
in division (D) of this section.	3028

(4) However, students who have received scholarships in the	3029
prior school year remain eligible students pursuant to division	3030
(E) of this section.	3031

(G) The state board of education shall adopt rules defining	3032
excused absences for purposes of division (E)(3) of this section.	3033

(H)(1) A student who satisfies only the conditions prescribed	3034
in divisions (A)(1) to (4) of this section shall not be eligible	3035
for a scholarship if the student's resident building meets any of	3036
the following in the most recent rating under section 3302.03 of	3037
the Revised Code published prior to the first day of July of the	3038
school year for which a scholarship is sought:	3039

(a) The building has an overall designation of excellent or	3040
effective under section 3302.03 of the Revised Code as it existed	3041
prior to March 22, 2013.	3042

(b) For the 2012-2013 or 2013-2014 school year or both, the	3043
building has a grade of "A" or "B" for the performance index score	3044
under division (A)(1)(b) or (B)(1)(b) of section 3302.03 of the	3045
Revised Code and for the value-added progress dimension under	3046
division (A)(1)(e) or (B)(1)(e) of section 3302.03 of the Revised	3047
Code; or if the building serves only grades ten through twelve,	3048
the building received a grade of "A" or "B" for the performance	3049
index score under division (A)(1)(b) or (B)(1)(b) of section	3050
3302.03 of the Revised Code and had a four-year adjusted cohort	3051
graduation rate of greater than or equal to seventy-five per cent.	3052

(c) For the 2014-2015 school year or any school year	3053
thereafter, the building has a grade of "A" or "B" under division	3054
(C)(3) of section 3302.03 of the Revised Code and a grade of "A"	3055
for the value-added progress dimension under division (C)(1)(e) of	3056
section 3302.03 of the Revised Code; or if the building serves	3057
only grades ten through twelve, the building received a grade of	3058
"A" or "B" for the performance index score under division	3059
(C)(1)(b) of section 3302.03 of the Revised Code and had a	3060
four-year adjusted cohort graduation rate of greater than or equal	3061
to seventy-five per cent.	3062

(2) A student who satisfies only the conditions prescribed in	3063
division (A)(5) of this section shall not be eligible for a	3064
scholarship if the student's resident district meets any of the	3065
following in the most recent rating under section 3302.03 of the	3066
Revised Code published prior to the first day of July of the	3067
school year for which a scholarship is sought:	3068

(a) The district has an overall designation of excellent or	3069
effective under section 3302.03 of the Revised Code as it existed	3070
prior to March 22, 2013.	3071

(b) The district has a grade of "A" or "B" for the	3072
performance index score under division (A)(1)(b) or (B)(1)(b) of	3073
section 3302.03 of the Revised Code and for the value-added	3074
progress dimension under division (A)(1)(e) or (B)(1)(e) of	3075
section 3302.03 of the Revised Code for the 2012-2013 and	3076
2013-2014 school years.	3077

(c) The district has an overall grade of "A" or "B" under	3078
division (C)(3) of section 3302.03 of the Revised Code and a grade	3079
of "A" for the value-added progress dimension under division	3080
(C)(1)(e) of section 3302.03 of the Revised Code for the 2014-2015	3081
school year or any school year thereafter.	3082

Sec. 3310.031. (A) The state board of education shall adopt	3083
rules under section 3310.17 of the Revised Code establishing	3084
procedures for granting educational choice scholarships to	3085
eligible students attending a nonpublic school at the time the	3086
state board grants the school a charter under section 3301.16 of	3087
the Revised Code. The procedures shall include at least the	3088
following:	3089

(1) Provisions for extending the application period for	3090
scholarships for the following school year, if necessary due to	3091
the timing of the award of the nonpublic school's charter, in	3092
order for students enrolled in the school at the time the charter	3093
is granted to apply for scholarships for the following school	3094
year;	3095

(2) Provisions for notifying the resident districts of the	3096
nonpublic school's students that the nonpublic school has been	3097
granted a charter and that educational choice scholarships may be	3098
awarded to the school's students for the following school year.	3099

(B) A student who is enrolled in a nonpublic school at the	3100
time the school's charter is granted is an eligible student if any	3101
of the following applies:	3102

(1) At the end of the last school year before the student	3103
enrolled in the nonpublic school, the student was enrolled in a	3104
school building operated by the student's resident district or in	3105
a community school established under Chapter 3314. of the Revised	3106
Code and, for the current or following school year, the student	3107
otherwise would be assigned under section 3319.01 of the Revised	3108
Code to a school building described in division (A)(1) or (B)(1)	3109
of section 3310.03 of the Revised Code.	3110

(2) At the end of the last school year before the student	3111
enrolled in the nonpublic school, the student was enrolled in a	3112
school building operated by the student's resident district and,	3113
for the current or following school year, the student otherwise	3114
would be assigned under section 3319.01 of the Revised Code to a	3115
school building described in division (A)(6) of section 3310.03 of	3116
the Revised Code.	3117

(3) The student was not enrolled in any public or other	3118
nonpublic school before the student enrolled in the nonpublic	3119
school and, for the current or following school year, otherwise	3120
would be assigned under section 3319.01 of the Revised Code to a	3121
school building described in division (A)(1) or (6) or (B)(1) of	3122
section 3310.03 of the Revised Code.	3123

~~(3)~~(4) At the end of the last school year before the student	3124
enrolled in the nonpublic school, the student was enrolled in a	3125
school building operated by the student's resident district and,	3126
during that school year, the building met the conditions described	3127
in division (A)(1) or (6) or (B)(1) of section 3310.03 of the	3128
Revised Code.	3129

~~(4)~~(5) At the end of the last school year before the student	3130
enrolled in the nonpublic school, the student was enrolled in a	3131
community school established under Chapter 3314. of the Revised	3132
Code but otherwise would have been assigned under section 3319.01	3133
of the Revised Code to a school building that, during that school	3134
year, met the conditions described in division (A)(1) or (B)(1) of	3135
section 3310.03 of the Revised Code.	3136

Sec. 3310.13. (A) No chartered nonpublic school shall charge	3137
any student whose family income is at or below two hundred per	3138
cent of the federal poverty guidelines, as defined in section	3139
5101.46 of the Revised Code, a tuition fee that is greater than	3140
the total amount paid for that student under section 3310.08 of	3141
the Revised Code.	3142

(B) A chartered nonpublic school may charge any other student	3143
who is paid a scholarship under that section up to the difference	3144
between the amount of the scholarship and the regular tuition	3145
charge of the school. Each chartered nonpublic school ~~shall~~may	3146
permit such an eligible student's family~~, at the family's option,~~	3147
to provide volunteer services in lieu of cash payment to pay all	3148
or part of the amount of the school's tuition not covered by the	3149
scholarship paid under section 3310.08 of the Revised Code.	3150

Sec. 3310.14. ~~Each~~(A) Except as provided in division (B) of	3151
this section, each chartered nonpublic school that is not subject	3152
to division (K)(1)(a) of section 3301.0711 of the Revised Code and	3153
enrolls students awarded scholarships under sections 3310.01 to	3154
3310.17 of the Revised Code annually shall administer the	3155
assessments prescribed by section 3301.0710 or 3301.0712 of the	3156
Revised Code to each scholarship student enrolled in the school in	3157
accordance with section 3301.0711 of the Revised Code. Each	3158
chartered nonpublic school that is subject to this section shall	3159
report to the department of education the results of each	3160
assessment administered to each scholarship student under this	3161
section.	3162

Nothing in this section requires a chartered nonpublic school	3163
to administer any achievement assessment, except for an Ohio	3164
graduation test prescribed by division (B)(1) of section 3301.0710	3165
of the Revised Code, as required by section 3313.612 of the	3166
Revised Code, to any student enrolled in the school who is not a	3167
scholarship student.	3168

(B) A chartered nonpublic school that meets the conditions	3169
specified in division (K)(1)(c) of section 3301.0711 of the	3170
Revised Code shall not be required to administer the elementary	3171
assessments prescribed by division (A) of section 3301.0710 of the	3172
Revised Code.	3173

Sec. 3310.522. In order to maintain eligibility for a	3174
scholarship under the program, a student shall take each	3175
assessment prescribed by sections 3301.0710 and 3301.0712 of the	3176
Revised Code, unless the student is excused from taking that	3177
assessment under federal law or the student's individualized	3178
education program or the student is enrolled in a chartered	3179
nonpublic school that meets the conditions specified in division	3180
(K)(1)(c) of section 3301.0711 of the Revised Code.	3181

Each registered private provider that is not subject to	3182
division (K)(1)(a) of section 3301.0711 of the Revised Code and	3183
enrolls a student who is awarded a scholarship under this section	3184
shall administer each assessment prescribed by sections 3301.0710	3185
and 3301.0712 of the Revised Code to that student, unless the	3186
student is excused from taking that assessment or the student is	3187
enrolled in a chartered nonpublic school that meets the conditions	3188
specified in division (K)(1)(c) of section 3301.0711 of the	3189
Revised Code, and shall report to the department the results of	3190
each assessment so administered.	3191

Nothing in this section requires any chartered nonpublic	3192
school that is a registered private provider to administer any	3193
achievement assessment, except for an Ohio graduation test	3194
prescribed by division (B)(1) of section 3301.0710 of the Revised	3195
Code, as required by section 3313.612 of the Revised Code, to any	3196
student enrolled in the school who is not a scholarship student.	3197

Sec. 3311.24. (A)(1) Except as provided in division (B) of	3198
this section, the board of education of a city, exempted village,	3199
or local school district shall file with the state board of	3200
education a proposal to transfer territory from such district to	3201
an adjoining city, exempted village, or local school district in	3202
any of the following circumstances:	3203

(a) The district board deems the transfer advisable and, if	3204
the portion of the district proposed to be transferred is five	3205
acres or more, the board has obtained written consent to the	3206
transfer from seventy-five per cent of the owners of parcels of	3207
real property on the tax duplicate within that portion of the	3208
district;	3209

(b) A petition, signed by seventy-five per cent of the	3210
qualified electors residing within that portion of a city,	3211
exempted village, or local school district proposed to be	3212
transferred voting at the last general election, requests such a	3213
transfer;	3214

(c) If no qualified electors reside in that portion of the	3215
district proposed to be transferred, a petition, signed by	3216
seventy-five per cent of the owners of parcels of real property on	3217
the tax duplicate within that portion of the district, requests	3218
such a transfer.	3219

(2) The board of education of the district in which such	3220
proposal originates shall file such proposal, together with a map	3221
showing the boundaries of the territory proposed to be	3222
transferred, with the state board of education prior to the first	3223
day of April in any even-numbered year. The state board of	3224
education may, if it is advisable, provide for a hearing in any	3225
suitable place in any of the school districts affected by such	3226
proposed transfer of territory. The state board of education or	3227
its representatives shall preside at any such hearing.	3228

(3) A board of education of a city, exempted village, or	3229
local school district that receives a petition of transfer signed	3230
by electors of the district under division (A)(1)(b) of this	3231
section shall cause the board of elections to check the	3232
sufficiency of signatures on the petition. A board of education of	3233
a city, exempted village, or local school district that receives	3234
written consent or a petition of transfer signed by owners of	3235
parcels of real property under division (A)(1)(a) or (c) of this	3236
section shall cause the county auditor to check the sufficiency of	3237
signatures on the consent or petition.	3238

(4) Not later than the first day of September the state board	3239
of education shall either approve or disapprove a proposed	3240
transfer of territory filed with it as provided by this section	3241
and shall notify, in writing, the boards of education of the	3242
districts affected by such proposed transfer of territory of its	3243
decision.	3244

If the decision of the state board of education is an	3245
approval of the proposed transfer of territory then the board of	3246
education of the district in which the territory is located shall,	3247
within thirty days after receiving the state board of education's	3248
decision, adopt a resolution transferring the territory and shall	3249
forthwith submit a copy of such resolution to the treasurer of the	3250
board of education of the city, exempted village, or local school	3251
district to which the territory is transferred. Such transfer	3252
shall not be complete however, until:	3253

(a) A resolution accepting the transfer has been passed by a	3254
majority vote of the full membership of the board of education of	3255
the city, exempted village, or local school district to which the	3256
territory is transferred;	3257

(b) AnSubject to section 3311.241 of the Revised Code, if	3258
applicable, an equitable division of the funds and indebtedness	3259
between the districts involved has been made by the board of	3260
education making the transfer;	3261

(c) A map showing the boundaries of the territory transferred	3262
has been filed, by the board of education accepting the transfer,	3263
with the county auditor of each county affected by the transfer.	3264

When such transfer is complete the legal title of the school	3265
property in the territory transferred shall be vested in the board	3266
of education or governing board of the school district to which	3267
the territory is transferred.	3268

(B) Whenever the transfer of territory pursuant to this	3269
section is initiated by a board of education, the board shall,	3270
before filing a proposal for transfer with the state board of	3271
education under this section, make a good faith effort to	3272
negotiate the terms of transfer with any other school district	3273
whose territory would be affected by the transfer. Before the	3274
state board may hold a hearing on the transfer, or approve or	3275
disapprove any such transfer, it must receive the following:	3276

(1) A resolution requesting approval of the transfer passed	3277
by the school district submitting the proposal and, if applicable,	3278
evidence of the consent of affected property owners to the	3279
transfer;	3280

(2) Evidence determined to be sufficient by the state board	3281
to show that good faith negotiations have taken place or that the	3282
district requesting the transfer has made a good faith effort to	3283
hold such negotiations;	3284

(3) If any negotiations took place, a statement signed by all	3285
boards that participated in the negotiations, listing the terms	3286
agreed on and the points on which no agreement could be reached.	3287

Negotiations held pursuant to this section shall be governed	3288
by the rules adopted by the state board under division (D) of	3289
section 3311.06 of the Revised Code. Districts involved in a	3290
transfer under division (B) of this section may agree to share	3291
revenues from the property included in the territory to be	3292
transferred, establish cooperative programs between the	3293
participating districts, and establish mechanisms for the	3294
settlement of any future boundary disputes.	3295

Sec. 3311.241. (A) In the case of a voluntary transfer of	3296
the territory of a school district in accordance with section	3297
3311.38 or division (A)(1)(a) of section 3311.24 of the Revised	3298
Code, and where the transfer is initiated under either of those	3299
sections not later than December 31, 2015, and results in the	3300
complete consolidation and dissolution of the transferring	3301
district, the net indebtedness owed to the solvency assistance	3302
fund created under section 3316.20 of the Revised Code by the	3303
transferring district shall be canceled, provided that all of the	3304
following conditions are satisfied:	3305

(1) The amount owed by the transferring district to the	3306
solvency assistance fund is greater than or equal to thirty-three	3307
per cent of the transferring school district's operating budget	3308
for the current fiscal year, but does not exceed ten million	3309
dollars.	3310

(2) The transferring district has remained in a state of	3311
fiscal emergency pursuant to section 3316.03 of the Revised Code	3312
during the previous two fiscal years.	3313

(3) The acquiring district is in the same county or in a	3314
county contiguous to the county in which the transferring district	3315
is located.	3316

(4) The acquiring district has voluntarily accepted the	3317
transfer.	3318

(5) The acquiring district has submitted to the state board	3319
of education a five-year written projection of solvency which	3320
takes into account the fiscal effects of acquiring the	3321
transferring district.	3322

(B) If the conditions in division (A) of this section are	3323
satisfied, the acquiring district shall acquire the transferring	3324
district's territory free and clear of any amount owed by the	3325
transferring district to the solvency assistance fund. However,	3326
the acquiring district shall assume the obligations of all other	3327
liens, encumbrances, and debts of the transferring district.	3328

(C) Upon the making of a transfer pursuant to this section,	3329
the board of education of the transferring district is thereby	3330
abolished, and the district is thereby dissolved.	3331

(D) The director of budget and management may transfer any	3332
available moneys from the general revenue fund, appropriated for	3333
operating payments to schools, into the solvency assistance fund	3334
to replace the amount owed by a transferring school district	3335
forgone under division (A) of this section.	3336

Sec. 3311.25. (A) Notwithstanding any other provision of	3337
this chapter, two or more city, local, or exempted village school	3338
districts ~~whose territory is primarily located within the same~~	3339
~~county~~ may be merged as provided in this section, if the districts	3340
satisfy either of the following conditions:	3341

(1) The territory of the districts is primarily located	3342
within the same county, and that county has a population of less	3343
than one hundred thousand, as determined by the most recent	3344
federal decennial census.	3345

(2) The territory of the districts is located in contiguous	3346
counties, at least one of which has a population of less than one	3347
hundred thousand as determined by the most recent federal	3348
decennial census, and the boundaries of the districts are	3349
contiguous.	3350

(B) A petition may be filed with the board of elections	3351
proposing that two or more school districts ~~whose territory is~~	3352
~~primarily located within a county~~ meeting the qualifications of	3353
division (A)(1) or (2) of this section form a commission to study	3354
the proposed merger of the school districts. ~~The~~	3355

In the case of districts that meet the qualifications of	3356
division (A)(1) of this section, the petition shall be filed with	3357
the board of elections of the county in which the territory of the	3358
districts is primarily located. In the case of districts that meet	3359
the qualifications of division (A)(2) of this section, the	3360
petition shall be filed with the board of elections of the county	3361
with the largest population of all of the counties in which the	3362
territory of the districts is located, as determined by the most	3363
recent federal decennial census.	3364

The petition may be presented in separate petition papers.	3365
Each petition paper shall contain, in concise language, the	3366
purpose of the petition and the names of five electors of each	3367
school district proposed to be merged to serve as commissioners on	3368
the merger study commission. The petition shall be governed by the	3369
rules of section 3501.38 of the Revised Code.	3370

A petition filed under this section shall contain signatures	3371
of electors of each school district proposed to be merged,	3372
numbering not less than ten per cent of the number of electors	3373
residing in that district who voted for the office of governor at	3374
the most recent general election for that office. ~~The petition~~	3375
~~shall be filed with the board of elections of the county described~~	3376
~~by division (A) of this section.~~ The board of elections of the	3377
county in which the petition is required to be filed shall	3378
ascertain the validity of all signatures on the petition and may	3379
require the assistance of boards of elections of other counties if	3380
any of the school districts proposed to be merged are located	3381
partially or entirely in a county other than the one in which the	3382
petition is required to be filed.	3383

If the board of elections determines that the petition is	3384
sufficient, no other petition may be filed under this section to	3385
propose the merger of a school district proposed to be merged	3386
under the petition that has been determined to be sufficient	3387
unless one of the following occurs:	3388

(1) The petition that has been determined to be sufficient is	3389
rejected by the district's voters under division (C) of this	3390
section.	3391

(2) The petition that has been determined to be sufficient is	3392
approved by the district's voters under division (C) of this	3393
section, but the merger study commission determines that a merger	3394
is not desirable under division (E)(4) of this section.	3395

(3) The petition that has been determined to be sufficient is	3396
approved by the district's voters under division (C) of this	3397
section, but the conditions of merger agreed upon the merger	3398
commission are disapproved by the district's voters under division	3399
(F) of this section.	3400

(C)(1) If the board of elections of the county in which the	3401
petition is required to be filed determines that the petition is	3402
sufficient, the board shall submit the following question for the	3403
approval or rejection of the electors of each school district	3404
proposed to be merged at the next general election occurring at	3405
least ninety days after the date the petition is filed: "Shall a	3406
commission be established to study ~~the proposed merger of any or~~	3407
~~all of the school districts in this county~~ and, if a merger is	3408
considered desirable, to draw up a statement of conditions for	3409
~~that proposed merger~~the proposed merger of ............ (name of	3410
school district in which the question is being voted upon) with	3411
one or more of the following school districts: ............ (names	3412
of the other school districts listed in the petition)?" The ballot	3413
shall include, for each of the school districts proposed to be	3414
merged, the names of the five electors identified in the petition,	3415
who shall constitute the commissioners on behalf of that district.	3416

(2) If any of the school districts for which merger is	3417
proposed are located partially or entirely in a county other than	3418
the one in which the petition is required to be filed, the board	3419
of elections of the county in which the petition is required to be	3420
filed shall, if the petition is found to be sufficient, certify	3421
the sufficiency of that petition and the statement of the issue to	3422
be voted on to the boards of elections of those other counties.	3423
The boards of those other counties shall submit the question of	3424
merging and the names of candidates to be elected to the	3425
commission for the approval or rejection of electors in the	3426
~~portions of the~~ school districts proposed to be merged or portions	3427
thereof that are located within their respective counties. Upon	3428
the holding of the election, those boards shall certify the	3429
results to the board of elections of the county in which the	3430
petition is required to be filed.	3431

(D) A petition shall not be deemed insufficient for all	3432
school districts proposed to be merged if it contains the	3433
signatures of less than ten per cent of the electors who voted for	3434
the office of governor at the most recent general election for	3435
that office in a particular school district. If the petition	3436
contains a sufficient number of signatures and is otherwise	3437
determined by the board of elections to be sufficient for at least	3438
two school districts proposed to be merged, the board shall submit	3439
the question of the proposed merger for the approval or rejection	3440
of voters under division (C) of this section in each of the	3441
districts for which the petition was determined to be sufficient.	3442
The board shall not submit the question of the proposed merger for	3443
the approval or rejection of voters under division (C) of this	3444
section for any school district for which a petition contains an	3445
insufficient number of signatures or for which the board otherwise	3446
determines the petition to be insufficient.	3447

(E)(1) If the question of forming a merger study commission	3448
as provided in division (C) of this section is approved by a	3449
majority of those voting on it in at least two school districts,	3450
the commission shall be established and the five candidates from	3451
each school district in which the question was approved shall be	3452
elected to the commission to study the proposed merger and to	3453
formulate any conditions of any proposed merger if a merger is	3454
considered desirable after study by the commission. Any school	3455
district that disapproved of the question of forming a merger	3456
study commission by a majority of those voting on it shall not be	3457
included in, and its proposed candidates shall not be elected to,	3458
the commission.	3459

(2) The first meeting of the commission shall be held in the	3460
regular meeting place of the board of county commissioners of the	3461
county in which the petition is required to be filed, at nine a.m.	3462
on the tenth day after the certification of the election by the	3463
last of the respective boards of elections to make such	3464
certification, unless that day is a Saturday, Sunday, or a	3465
holiday, in which case the first meeting shall be held on the next	3466
day thereafter that is not a Saturday, Sunday, or holiday. The	3467
president of the school board of the school district with the	3468
largest population of the districts that approved the question of	3469
forming a merger study commission under division (C) of this	3470
section shall serve as temporary chairperson until permanent	3471
officers are elected. The commission shall immediately elect its	3472
own permanent officers and shall proceed to meet as often as	3473
necessary to study the proposed merger, determine whether a	3474
proposed merger is desirable, and formulate any conditions for any	3475
proposed merger. All meetings of the commission shall be subject	3476
to the requirements of section 121.22 of the Revised Code.	3477

(3) The conditions for a proposed merger may provide for the	3478
election of school board members for the new school district and	3479
any other conditions that a majority of the members of the	3480
commission from each school district find necessary. The	3481
conditions for the proposed merger also may provide that the	3482
merger, if approved, shall not become effective until the date on	3483
which any required changes in state law necessary for the school	3484
district merger to occur become effective.	3485

(4) As soon as the commission determines that a merger is not	3486
desirable or finalizes the conditions for a proposed merger, the	3487
commission shall report this fact, and the name of each school	3488
district proposed for merger in which the majority of the	3489
district's commissioners have agreed to the conditions for merger,	3490
to the board of elections of each of the counties in which the	3491
school districts proposed for merger or portions thereof are	3492
located.	3493

The question shall be submitted to the voters in each school	3494
district in which the majority of the district's commissioners	3495
have agreed to the conditions for merger at the next general	3496
election occurring after the commission is elected. The question	3497
shall not be submitted to the voters in any school district in	3498
which a majority of that district's commissioners have not agreed	3499
to the conditions for merger. The board of elections shall not	3500
submit the conditions for merger to the voters in any district if	3501
the conditions for merger include the merging of any district in	3502
which the majority of that district's commissioners have not	3503
agreed to the conditions for merger.	3504

The boards of elections shall submit the conditions of	3505
proposed merger for the approval or rejection of the electors in	3506
the ~~portions of the~~ school districts proposed to be merged or	3507
portions thereof within their respective counties. Upon the	3508
holding of that election, the boards of elections shall certify	3509
the results to the board of elections of the county in which the	3510
petition is required to be filed.	3511

Regardless of whether the commission succeeds in reaching	3512
agreement, the commission shall cease to exist on the ninetieth	3513
day prior to the next general election after the commission is	3514
elected.	3515

(F) If the conditions of merger agreed upon by the merger	3516
commission are disapproved by a majority of those voting on them	3517
in any school district proposed to be merged, the merger shall not	3518
occur, unless the conditions of merger provide for a merger to	3519
occur without the inclusion of that district and the conditions of	3520
merger are otherwise met. No district in which the conditions of	3521
merger are disapproved by a majority of those voting on them shall	3522
be included in any merger resulting from that election. If the	3523
conditions of merger are approved by a majority of those voting on	3524
them in each school district proposed to be merged, or if the	3525
conditions of merger provide for a merger to occur without the	3526
inclusion of one or more districts in which the conditions of	3527
merger are disapproved by a majority of those voting on them, the	3528
merger shall be effective on the date specified in the conditions	3529
of the merger, unless the conditions of merger specify changes	3530
required to be made in state law for the merger to occur, in which	3531
case the merger shall be effective on the date on which those	3532
changes to state law become effective.	3533

Sec. 3311.251. (A) In the case of a merger of two or more	3534
school districts in accordance with section 3311.25 of the Revised	3535
Code where the merger process is initiated under that section not	3536
later than December 31, 2015, the net indebtedness owed to the	3537
solvency assistance fund created under section 3316.20 of the	3538
Revised Code by a merging district shall be canceled if that	3539
district satisfies all of the following conditions:	3540

(1) The amount owed by the merging district to the solvency	3541
assistance fund is greater than or equal to thirty-three per cent	3542
of the merging school district's operating budget for the current	3543
fiscal year, but does not exceed ten million dollars.	3544

(2) The merging district has remained in a state of fiscal	3545
emergency pursuant to section 3316.03 of the Revised Code during	3546
the previous two fiscal years.	3547

(3) The district that results from the merger is in the same	3548
county or in a county contiguous to the county in which the	3549
merging district is located.	3550

(4) The district that results from the merger has submitted	3551
to the state board of education a five-year written projection of	3552
solvency which takes into account the fiscal effects of acquiring	3553
the merging district.	3554

(B) If the conditions in division (A) of this section are	3555
satisfied by a merging district, the district that results from	3556
the merger shall acquire that merging district's territory free	3557
and clear of any amount owed by that merging district to the	3558
solvency assistance fund. However, the district that results from	3559
the merger shall assume the obligations of all other liens,	3560
encumbrances, and debts of that merging district, as well as the	3561
obligations of all of the liens, encumbrances, and debts of all of	3562
the other merging districts that do not satisfy the conditions in	3563
division (A) of this section.	3564

(C) Upon the merger of two or more districts pursuant to this	3565
section, the boards of education of the merging districts are	3566
thereby abolished, and the districts are thereby dissolved.	3567

(D) The director of budget and management may transfer any	3568
available moneys from the general revenue fund, appropriated for	3569
operating payments to schools, into the solvency assistance fund	3570
to replace the amount owed by a merging school district forgone	3571
under division (A) of this section.	3572

Sec. 3311.38. The state board of education may conduct, or	3573
may direct the superintendent of public instruction to conduct,	3574
studies where there is evidence of need for transfer of local,	3575
exempted village, or city school districts, or parts of any such	3576
districts, to contiguous or noncontiguous local, exempted village,	3577
or city school districts. Such studies shall include a study of	3578
the effect of any proposal upon any portion of a school district	3579
remaining after such proposed transfer. The state board, in	3580
conducting such studies and in making recommendations as a result	3581
thereof, shall consider the possibility of improving school	3582
district organization as well as the desires of the residents of	3583
the school districts which would be affected.	3584

(A) After the adoption of recommendations growing out of any	3585
such study, or upon receipt of a resolution adopted by majority	3586
vote of the full membership of the board of any city, local, or	3587
exempted village school district requesting that the entire	3588
district be transferred to another city, local, or exempted	3589
village school district, the state board may propose by resolution	3590
the transfer of territory, which may consist of part or all of the	3591
territory of a local, exempted village, or city school district to	3592
a contiguous local, exempted village, or city school district.	3593

The state board shall thereupon file a copy of such proposal	3594
with the board of education of each school district whose	3595
boundaries would be altered by the proposal and with the governing	3596
board of any educational service center in which such school	3597
district is located.	3598

The state board may, not less than thirty days following the	3599
adoption of the resolution proposing the transfer of territory,	3600
certify the proposal to the board of elections of the county or	3601
counties in which any of the territory of the proposed district is	3602
located, for the purpose of having the proposal placed on the	3603
ballot at the next general election or at a primary election	3604
occurring not less than ninety days after the adoption of such	3605
resolution.	3606

If any proposal has been previously initiated pursuant to	3607
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	3608
affects any of the territory affected by the proposal of the state	3609
board, the proposal of the state board shall not be placed on the	3610
ballot while the previously initiated proposal is subject to an	3611
election.	3612

Upon certification of a proposal to the board of elections of	3613
any county pursuant to this section, the board of elections of	3614
such county shall make the necessary arrangements for the	3615
submission of such question to the electors of the county	3616
qualified to vote thereon, and the election shall be counted and	3617
canvassed and the results shall be certified in the same manner as	3618
in regular elections for the election of members of a board of	3619
education.	3620

The electors qualified to vote upon a proposal are the	3621
electors residing in the local, exempted village, or city school	3622
districts, containing territory proposed to be transferred.	3623

If the proposed transfer be approved by a majority of the	3624
electors voting on the proposal, the state board, subject to the	3625
approval of the board of education of the district to which the	3626
territory would be transferred, shall make such transfer prior to	3627
the next succeeding July 1.	3628

(B) If a study conducted in accordance with this section	3629
involves a school district with less than four thousand dollars of	3630
assessed value for each pupil in the total student count	3631
determined under section 3317.03 of the Revised Code, the state	3632
board of education, with the approval of the educational service	3633
center governing board, and upon recommendation by the state	3634
superintendent of public instruction, may by resolution transfer	3635
all or any part of such a school district to any city, exempted	3636
village, or local school district which has more than twenty-five	3637
thousand pupils in average daily membership. Such resolution of	3638
transfer shall be adopted only after the board of education of the	3639
receiving school district has adopted a resolution approving the	3640
proposed transfer. For the purposes of this division, the assessed	3641
value shall be as certified in accordance with section 3317.021 of	3642
the Revised Code.	3643

(C) ~~Upon~~Subject to section 3311.241 of the Revised Code, if	3644
applicable, upon the making of a transfer of an entire school	3645
district pursuant to this section, the indebtedness of the	3646
district transferred shall be assumed in full by the acquiring	3647
district and the funds of the district transferred shall be paid	3648
over in full to the acquiring district.	3649

(D) Upon the making of a transfer pursuant to this section,	3650
when only part of a district is transferred, the net indebtedness	3651
of each original district of which only a part is taken by the	3652
acquiring district shall be apportioned between the acquiring	3653
district and the original district in the ratio which the assessed	3654
valuation of the part taken by the acquiring district bears to the	3655
assessed valuation of the original district as of the effective	3656
date of the transfer. As used in this section "net indebtedness"	3657
means the difference between the par value of the outstanding and	3658
unpaid bonds and notes of the school district and the amount held	3659
in the sinking fund and other indebtedness retirement funds for	3660
their redemption.	3661

(E) Upon the making of a transfer pursuant to this section,	3662
when only part of a district is transferred, the funds of the	3663
district from which territory was transferred shall be divided	3664
equitably by the state board between the acquiring district and	3665
that part of the former district remaining after the transfer.	3666

(F) If an entire school district is transferred, the board of	3667
education of such district is thereby abolished. If part of a	3668
school district is transferred, any member of the board of	3669
education who is a legal resident of that part which is	3670
transferred shall thereby cease to be a member of that board.	3671

If an entire school district is transferred, foundation	3672
program moneys accruing to a district accepting school territory	3673
under the provisions of this section shall not be less, in any	3674
year during the next succeeding three years following the	3675
transfer, than the sum of the amounts received by the districts	3676
separately in the year in which the transfer became effective.	3677

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

3678

(1) "Alliance" means a municipal school district	3679
transformation alliance established as a nonprofit corporation.	3680

(2) "Alliance municipal school district" means a municipal	3681
school district for which an alliance has been created under this	3682
section.	3683

(3) "Partnering community school" means a community school	3684
established under Chapter 3314. of the Revised Code that is	3685
located within the territory of a municipal school district and	3686
that either is sponsored by the district or is a party to an	3687
agreement with the district whereby the district and the community	3688
school endorse each other's programs.	3689

(4) "Transformation alliance education plan" means a plan	3690
prepared by the mayor, and confirmed by the alliance, to transform	3691
public education in the alliance municipal school district to a	3692
system of municipal school district schools and partnering	3693
community schools that will be held to the highest standards of	3694
school performance and student achievement.	3695

(B) If one or more partnering community schools are located	3696
in a municipal school district, the mayor may initiate proceedings	3697
to establish a municipal school district transformation alliance	3698
as a nonprofit corporation under Chapter 1702. of the Revised	3699
Code. The mayor shall have sole authority to appoint the directors	3700
of any alliance created under this section. The directors of the	3701
alliance shall include representatives of all of the following:	3702

(1) The municipal school district;

3703

(2) Partnering community schools;

3704

(3) Members of the community at large, including parents and	3705
educators;	3706

(4) The business community, including business leaders and	3707
foundation leaders.	3708

No one group listed in divisions (B)(1) to (4) of this	3709
section shall comprise a majority of the directors. The mayor	3710
shall be an ex officio director, and serve as the chairperson of	3711
the board of directors, of any alliance created under this	3712
section. If the proceedings are initiated, the mayor shall	3713
identify the directors in the articles of incorporation filed	3714
under section 1702.04 of the Revised Code.	3715

(C)(1) A majority of the members of the board of directors of	3716
the alliance shall constitute a quorum of the board. Any formal	3717
action taken by the board of directors shall take place at a	3718
meeting of the board and shall require the concurrence of a	3719
majority of the members of the board. Meetings of the board of	3720
directors shall be public meetings open to the public at all	3721
times, except that the board and its committees and subcommittees	3722
may hold an executive session, as if it were a public body with	3723
public employees, for any of the purposes for which an executive	3724
session of a public body is permitted under division (G) of	3725
section 121.22 of the Revised Code, notwithstanding that the	3726
alliance is not a public body as defined in that section, and its	3727
employees are not public employees as provided in division (F) of	3728
this section. The board of directors shall establish reasonable	3729
methods whereby any person may determine the time and place of all	3730
of the board's public meetings and by which any person, upon	3731
request, may obtain reasonable advance notification of the board's	3732
public meetings. Provisions for that advance notification may	3733
include, but are not limited to, mailing notices to all	3734
subscribers on a mailing list or mailing notices in	3735
self-addressed, stamped envelopes provided by the person.	3736

(2) All records of the alliance shall be organized and	3737
maintained by the alliance and also filed with the department of	3738
education. The alliance and the department shall make those	3739
records available to the public as though those records were	3740
public records for purposes of Chapter 149. of the Revised Code.	3741
The department shall promptly notify the alliance upon the	3742
department's receipt of any requests for records relating to the	3743
alliance pursuant to section 149.43 of the Revised Code.	3744

(3) The board of directors of the alliance shall establish a	3745
conflicts of interest policy and shall adopt that policy, and any	3746
amendments to the policy, at a meeting of the board held in	3747
accordance with this section.	3748

(D)(1) If an alliance is created under this section, the	3749
alliance shall do all of the following:	3750

~~(1)~~(a) Report annually on the performance of all municipal	3751
school district schools and all community schools established	3752
under Chapter 3314. of the Revised Code and located in the	3753
district, using the criteria adopted under division (B) of section	3754
3311.87 of the Revised Code;	3755

~~(2)~~(b) Confirm and monitor implementation of the	3756
transformation alliance education plan;	3757

~~(3)~~(c) Suggest national education models for and provide	3758
input in the development of new municipal school district schools	3759
and partnering community schools.	3760

(2) If an alliance is created under this section, the	3761
department of education may request alliance comment, or the	3762
alliance independently may offer comment to the department, on the	3763
granting, renewal, or extension of an agreement with a sponsor of	3764
community schools under section 3314.015 of the Revised Code when	3765
the sponsor has existing agreements with a community school	3766
located in an alliance municipal school district. If the alliance	3767
makes comments, those comments shall be considered by the	3768
department prior to making its decision whether to grant, renew,	3769
or extend the agreement.	3770

(3) If an alliance is created under this section, a board of	3771
education of a school district or governing board of an	3772
educational service center may request alliance comment, or the	3773
alliance independently may offer comment to the board or governing	3774
board, on the conversion to a community school of a public school	3775
or a building operated by the governing board of an educational	3776
service center. If the alliance makes comments, those comments	3777
shall be considered by the parties prior to entering into a	3778
preliminary agreement under section 3314.02 of the Revised Code.	3779

For purposes of divisions (D)(2) and (3) of this section,	3780
comments by the alliance shall be based on the criteria	3781
established under division (A) of section 3311.87 of the Revised	3782
Code.	3783

(E) Divisions (E)(1) to (3) of this section apply to each	3784
community school sponsor that is subject to approval by the	3785
department ~~of education~~ under section 3314.015 of the Revised Code	3786
whose approval under that section is granted or, renewed, or	3787
extended on or after October 1, 2012. Divisions (E)(1) to (3) of	3788
this section do not apply to a sponsor that has been approved by	3789
the department prior to that date, until the sponsor's approval is	3790
renewed or, granted anew, or extended on or after that date.	3791

(1) Before a sponsor to which this section applies may	3792
sponsor new community schools in an alliance municipal school	3793
district, the sponsor shall request recommendation from the	3794
alliance to sponsor community schools in the district.	3795

(2) The alliance shall review the sponsor's ~~application~~	3796
request and shall make a recommendation to the department based on	3797
the standards for sponsors developed under division (A)(2) of	3798
section 3311.87 of the Revised Code.	3799

(3) The department shall use the standards developed under	3800
division (A)(2) of section 3311.87 of the Revised Code, in	3801
addition to any other requirements of the Revised Code, to review	3802
a sponsor's request and make a final determination, on	3803
recommendation of the alliance, of whether the sponsor may sponsor	3804
new community schools in the alliance municipal school district.	3805

No sponsor shall be required to receive authorization to	3806
sponsor new community schools under division (E)(3) of this	3807
section more than one time.	3808

(F) Directors, officers, and employees of an alliance are not	3809
public employees or public officials, are not subject to Chapters	3810
124., 145., and 4117. of the Revised Code, and are not "public	3811
officials" or "public servants" as defined in section 2921.01 of	3812
the Revised Code. Membership on the board of directors of an	3813
alliance does not constitute the holding of an incompatible public	3814
office or employment in violation of any statutory or common law	3815
prohibition against the simultaneous holding of more than one	3816
public office or employment. Members of the board of directors of	3817
an alliance are not disqualified from holding any public office by	3818
reason of that membership, and do not forfeit by reason of that	3819
membership the public office or employment held when appointed to	3820
the board, notwithstanding any contrary disqualification or	3821
forfeiture requirement under the Revised Code or the common law of	3822
this state.	3823

(G) The authority to establish an alliance under this section	3824
expires on January 1, 2018. Any alliance established under this	3825
section is terminated, and any related authority granted to the	3826
alliance under this section expires on that date.	3827

Sec. 3313.21. (A) The board of education of each school	3828
district shall be the sole authority in determining and selecting	3829
all of the following to be used in the schools under its control:	3830

(1) Textbooks, pursuant to section 3329.08 of the Revised	3831
Code, and reading lists;	3832

(2) Instructional materials;

3833

(3) Academic curriculum.

3834

(B) The board of education of each school district may permit	3835
educators to create instructional materials, including textbooks,	3836
that are consistent with the curriculum adopted by the district	3837
board for use in the educators' classrooms.	3838

(C) Nothing in this section is intended to promote or	3839
encourage the utilization of any particular text or source	3840
material on a statewide basis.	3841

Sec. 3313.212. The board of education of each school district	3842
shall provide an opportunity for parents to review the selection	3843
of textbooks and reading lists, instructional materials, and the	3844
academic curriculum used by schools in the district. The board	3845
shall establish a parental advisory committee or another method	3846
for review, as determined appropriate by the board, to meet this	3847
requirement.	3848

Sec. 3313.372. (A) As used in this section, "energy	3849
conservation measure" means an installation or modification of an	3850
installation in, or remodeling of, a building, to reduce energy	3851
consumption. It includes:	3852

(1) Insulation of the building structure and systems within	3853
the building;	3854

(2) Storm windows and doors, multiglazed windows and doors,	3855
heat absorbing or heat reflective glazed and coated window and	3856
door systems, additional glazing, reductions in glass area, and	3857
other window and door system modifications that reduce energy	3858
consumption;	3859

(3) Automatic energy control systems;

3860

(4) Heating, ventilating, or air conditioning system	3861
modifications or replacements;	3862

(5) Caulking and weatherstripping;

3863

(6) Replacement or modification of lighting fixtures to	3864
increase the energy efficiency of the system without increasing	3865
the overall illumination of a facility, unless such increase in	3866
illumination is necessary to conform to the applicable state or	3867
local building code for the proposed lighting system;	3868

(7) Energy recovery systems;

3869

(8) Cogeneration systems that produce steam or forms of	3870
energy such as heat, as well as electricity, for use primarily	3871
within a building or complex of buildings;	3872

(9) Any other modification, installation, or remodeling	3873
approved by the Ohio school facilities commission as an energy	3874
conservation measure.	3875

(B) A board of education of a city, exempted village, local,	3876
or joint vocational school district may enter into an installment	3877
payment contract for the purchase and installation of energy	3878
conservation measures. The provisions of such installment payment	3879
contracts dealing with interest charges and financing terms shall	3880
not be subject to the competitive bidding requirements of section	3881
3313.46 of the Revised Code, and shall be on the following terms:	3882

(1) Not less than one-fifteenth of the costs thereof shall be	3883
paid within two years from the date of purchase.	3884

(2) The remaining balance of the costs thereof shall be paid	3885
within fifteen years from the date of purchase.	3886

The provisions of any installment payment contract entered	3887
into pursuant to this section shall provide that all payments,	3888
except payments for repairs and obligations on termination of the	3889
contract prior to its expiration, ~~be stated as a percentage of~~	3890
shall not exceed the calculated energy, water, or waste water cost	3891
savings, avoided operating costs, and avoided capital costs	3892
attributable to the one or more measures over a defined period of	3893
time. Those payments shall be made only to the extent that the	3894
savings described in this division actually occur. The contractor	3895
shall warrant and guarantee that the energy conservation measures	3896
shall realize guaranteed savings and shall be responsible to pay	3897
an amount equal to any savings shortfall.	3898

An installment payment contract entered into by a board of	3899
education under this section shall require the board to contract	3900
in accordance with division (A) of section 3313.46 of the Revised	3901
Code for the installation, modification, or remodeling of energy	3902
conservation measures unless division (A) of section 3313.46 of	3903
the Revised Code does not apply pursuant to division (B)(3) of	3904
that section, in which case the contract shall be awarded through	3905
a competitive selection process pursuant to rules adopted by the	3906
school facilities commission.	3907

An installment payment contract entered into by a board of	3908
education under this section may include services for measurement	3909
and verification of energy savings associated with the guarantee.	3910
The annual cost of measurement and verification services shall not	3911
exceed ten per cent of the guaranteed savings in any year of the	3912
installment payment contract.	3913

(C) The board may issue the notes of the school district	3914
signed by the president and the treasurer of the board and	3915
specifying the terms of the purchase and securing the deferred	3916
payments provided in this section, payable at the times provided	3917
and bearing interest at a rate not exceeding the rate determined	3918
as provided in section 9.95 of the Revised Code. The notes may	3919
contain an option for prepayment and shall not be subject to	3920
Chapter 133. of the Revised Code. In the resolution authorizing	3921
the notes, the board may provide, without the vote of the electors	3922
of the district, for annually levying and collecting taxes in	3923
amounts sufficient to pay the interest on and retire the notes,	3924
except that the total net indebtedness of the district without a	3925
vote of the electors incurred under this and all other sections of	3926
the Revised Code, except section 3318.052 of the Revised Code,	3927
shall not exceed one per cent of the district's tax valuation.	3928
Revenues derived from local taxes or otherwise, for the purpose of	3929
conserving energy or for defraying the current operating expenses	3930
of the district, may be applied to the payment of interest and the	3931
retirement of such notes. The notes may be sold at private sale or	3932
given to the contractor under the installment payment contract	3933
authorized by division (B) of this section.	3934

(D) Debt incurred under this section shall not be included in	3935
the calculation of the net indebtedness of a school district under	3936
section 133.06 of the Revised Code.	3937

(E) No school district board shall enter into an installment	3938
payment contract under division (B) of this section unless it	3939
first obtains a report of the costs of the energy conservation	3940
measures and the savings thereof as described under division (G)	3941
of section 133.06 of the Revised Code as a requirement for issuing	3942
energy securities, makes a finding that the amount spent on such	3943
measures is not likely to exceed the amount of money it would save	3944
in energy costs and resultant operational and maintenance costs as	3945
described in that division, except that that finding shall cover	3946
the ensuing fifteen years, and the ~~Ohio~~ school facilities	3947
commission determines that the district board's findings are	3948
reasonable and approves the contract as described in that	3949
division.	3950

The district board shall monitor the savings and maintain a	3951
report of those savings, which shall be submitted to the	3952
commission in the same manner as required by division (G) of	3953
section 133.06 of the Revised Code in the case of energy	3954
securities.	3955

Sec. 3313.536. (A) As used in this section:

3956

(1) "Administrator" means the superintendent, principal, or	3957
chief administrative officer, or equivalent, or other person	3958
having supervisory authority of any of the following:	3959

(a) A city, exempted village, local, or joint vocational	3960
school district;	3961

(b) A community school established under Chapter 3314. of the	3962
Revised Code, as required through reference in division (A)(11)(d)	3963
of section 3314.03 of the Revised Code;	3964

(c) A STEM school established under Chapter 3326. of the	3965
Revised Code, as required through reference in section 3326.11 of	3966
the Revised Code;	3967

(d) A district or school operating a career-technical	3968
education program approved by the department of education under	3969
section 3317.161 of the Revised Code;	3970

(e) A chartered nonpublic school;

3971

(f) An educational service center;

3972

(g) A school or facility operating a program that serves	3973
children with a scholarship under the autism scholarship program,	3974
under section 3310.41 of the Revised Code, or the Jon Peterson	3975
special needs scholarship program, under sections 3310.51 to	3976
3310.64 of the Revised Code;	3977

(h) A privately operated child day-care center;

3978

(i) A preschool that is subject to regulation by the	3979
department of education;	3980

(j) Any other facility primarily serving children that is	3981
subject to regulation by the department of education.	3982

(2) "Emergency management test" means a regularly scheduled	3983
drill, exercise, or activity designed to assess and evaluate an	3984
emergency management plan under this section.	3985

(3) "School" means any school, facility, center, or preschool	3986
described in divisions (A)(1)(a) to (j) of this section.	3987

(B)(1) Each administrator shall develop and adopt a	3988
comprehensive emergency management plan for each school building	3989
under the administrator's control. The administrator shall examine	3990
the environmental conditions and operations of each building to	3991
determine potential hazards to student and staff safety and shall	3992
propose operating changes to promote the prevention of potentially	3993
dangerous problems and circumstances. In developing the plan for	3994
each building, the administrator shall involve community law	3995
enforcement and safety officials, parents of students who are	3996
assigned to the building, and teachers and nonteaching employees	3997
who are assigned to the building. The administrator shall consider	3998
incorporating remediation strategies into the plan for any	3999
building where documented safety problems have occurred.	4000

(2) Each administrator shall also incorporate into the	4001
emergency management plan adopted under division (B)(1) of this	4002
section all of the following:	4003

(a) A protocol for addressing serious threats to the safety	4004
of school property, students, employees, or administrators;	4005

(b) A protocol for responding to any emergency events that	4006
occur and compromise the safety of school property, students,	4007
employees, or administrators;	4008

(c) A floor plan that is unique to each floor of the school	4009
building;	4010

(d) A site plan that includes all school property and	4011
surrounding property;	4012

(e) An emergency contact information sheet.

4013

(3) Each protocol described in divisions (B)(2)(a) and (b) of	4014
this section shall include procedures determined to be appropriate	4015
by the administrator for responding to threats and emergency	4016
events, respectively, including such things as notification of	4017
appropriate law enforcement personnel, calling upon specified	4018
emergency response personnel for assistance, and informing parents	4019
of affected students.	4020

Prior to the first day of July of each year, the	4021
administrator shall inform each student or child enrolled in the	4022
school and the student's or child's parent of the parental	4023
notification procedures included in the protocol.	4024

(4) Each administrator shall keep a copy of the emergency	4025
management plan adopted pursuant to this section in a secure	4026
place.	4027

(C)(1) Not later than December 31, 2014, each administrator	4028
shall submit to the department of education, in accordance with	4029
rules adopted by the state board of education pursuant to division	4030
(F) of this section, an electronic copy of the emergency	4031
management plan prescribed by division (B) of this section.	4032

(2) Not later than a date prescribed by the department of	4033
education, each administrator also shall file a copy of the plan	4034
with each law enforcement agency that has jurisdiction over the	4035
school building and, upon request, to any of the following:	4036

(a) The fire department that serves the political subdivision	4037
in which the building is located;	4038

(b) The emergency medical service organization that serves	4039
the political subdivision in which the building is located;	4040

(c) The county emergency management agency for the county in	4041
which the building is located.	4042

(3) Not later than thirty days after receiving an emergency	4043
management plan from an administrator, the department of education	4044
shall file a copy of the administrator's plan, in accordance with	4045
rules adopted by the state board of education pursuant to division	4046
(F) of this section, with both of the following:	4047

(a) The attorney general, who shall post that information on	4048
the Ohio law enforcement gateway or the successor;	4049

(b) The director of public safety, who shall post the	4050
information on the contact and information management system.	4051

(4) Any department or entity to which copies of an emergency	4052
management plan are filed under this section shall keep the copies	4053
in a secure place.	4054

(D)(1) Not later than the first day of July of each year,	4055
each administrator shall review the emergency management plan and	4056
send written notification to the department of education	4057
certifying that the plan is current and accurate.	4058

(2) Each administrator shall update the emergency management	4059
plan at least once every three years. Each administrator also	4060
shall update the plan whenever either of the following occurs:	4061

(a) A major modification to the school building requires	4062
changes to the plan.	4063

(b) Information on the emergency contact information sheet is	4064
no longer accurate and requires changes to the plan.	4065

(3) Anytime that an administrator updates the emergency	4066
management plan pursuant to division (D) of this section, the	4067
administrator shall file copies, not later than the thirtieth day	4068
after the revision is adopted and in accordance with rules adopted	4069
by the state board pursuant to division (F) of this section, to	4070
the department of education and to any entity with which the	4071
administrator filed a copy under division (C)(2) of this section.	4072

(E) Each administrator shall do both of the following:

4073

(1) Prepare and conduct at least one annual emergency	4074
management test, as defined in division (A)(2) of this section, in	4075
accordance with rules adopted by the state board pursuant to	4076
division (F) of this section;	4077

(2) Grant access to each building under the control of the	4078
administrator to law enforcement personnel and to entities	4079
described in division (C)(2) of this section, to enable the	4080
personnel and entities to hold training sessions for responding to	4081
threats and emergency events affecting the school building,	4082
provided that the access occurs outside of student instructional	4083
hours and an employee of the administrator is present in the	4084
building during the training sessions.	4085

(F) The state board of education, in accordance with Chapter	4086
119. of the Revised Code, shall adopt rules regarding emergency	4087
management plans under this section, including the content of the	4088
plans and procedures for filing the plans. The rules shall specify	4089
that plans and information required under division (B) of this	4090
section be submitted on standardized forms developed by the	4091
department of education for such purpose. The rules shall also	4092
specify the requirements and procedures for emergency management	4093
tests conducted pursuant to division (E)(1) of this section.	4094

(G) Division (B) of section 3319.31 of the Revised Code	4095
applies to any administrator who is subject to the requirements of	4096
this section and is not exempt under division (H) of this section	4097
and who is an applicant for a license or holds a license from the	4098
state board pursuant to section 3319.22 of the Revised Code.	4099

(H) The superintendent of public instruction may exempt any	4100
administrator from the requirements of this section, if the	4101
superintendent determines that the requirements do not otherwise	4102
apply to the school buildings under the control of that	4103
administrator.	4104

(I) Copies of the emergency management plan and information	4105
required under division (B) of this section are security records	4106
and are not public records pursuant to section 149.433 of the	4107
Revised Code. In addition, the information posted to the contact	4108
and information management system, pursuant to division (C)(3)(b)	4109
of this section, is exempt from public disclosure or release in	4110
accordance with sections 149.43, 149.433, and 5502.03 of the	4111
Revised Code.	4112

Notwithstanding section 149.433 of the Revised Code, a school	4113
building floor plan filed with the attorney general pursuant to	4114
this section is not a public record to the extent it is a record	4115
kept by the attorney general.	4116

Sec. 3313.537. (A) As used in this section, "extracurricular	4117
activity" means a pupil activity program that a school or school	4118
district operates and is not included in the school district's	4119
graded course of study, including an interscholastic	4120
extracurricular activity that a school or school district sponsors	4121
or participates in and that has participants from more than one	4122
school or school district.	4123

(B)(1) A student ~~in grades seven to twelve~~ who is enrolled in	4124
a community school established under Chapter 3314. of the Revised	4125
Code ~~that is sponsored by the city, local, or exempted village~~	4126
~~school district in which the student is entitled to attend school~~	4127
~~pursuant to section 3313.64 or 3313.65 of the Revised Code shall~~	4128
~~be afforded the opportunity to participate in any extracurricular~~	4129
~~activities offered at the traditional public school that is~~	4130
~~operated by the school district and to which the student otherwise~~	4131
~~would be assigned. If more than one such school operated by the~~	4132
~~school district serves the student's grade level, the student~~	4133
~~shall be afforded the opportunity to participate in any~~	4134
~~extracurricular activities offered at the school to which the~~	4135
~~student would be assigned by the district superintendent pursuant~~	4136
~~to section 3319.01 of the Revised Code.~~	4137

~~(2) A student who is enrolled in~~or in a science, technology,	4138
engineering, and mathematics school established under Chapter	4139
3326. of the Revised Code shall ~~not be prohibited from~~	4140
~~participating in any extracurricular activities offered at the~~	4141
~~traditional public school that is operated by the school district~~	4142
~~in which the student is entitled to attend school pursuant to~~	4143
~~section 3313.64 or 3313.65 of the Revised Code and to which the~~	4144
~~student otherwise would be assigned. If more than one such school~~	4145
~~operated by the school district serves the student's grade level,~~	4146
~~the student shall be afforded the opportunity to participate in~~	4147
~~any extracurricular activities offered at the school to which the~~	4148
~~student would be assigned by the district superintendent pursuant~~	4149
~~to section 3319.01 of the Revised Code~~be afforded, by the	4150
superintendent of the school district in which the student is	4151
entitled to attend school under section 3313.64 or 3313.65 of the	4152
Revised Code, the opportunity to participate in that	4153
extracurricular activity at the district school to which the	4154
student otherwise would be assigned during that school year. If	4155
more than one school operated by the school district serves the	4156
student's grade level, as determined by the district	4157
superintendent based on the student's age and academic	4158
performance, the student shall be afforded the opportunity to	4159
participate in that extracurricular activity at the school to	4160
which the student would be assigned by the superintendent under	4161
section 3319.01 of the Revised Code.	4162

(2) The superintendent of any school district may afford any	4163
student enrolled in community school or science, technology,	4164
engineering, and mathematics school, and who is not entitled to	4165
attend school in the district under section 3313.64 or 3313.65 of	4166
the Revised Code, the opportunity to participate in an	4167
extracurricular activity offered by a school of the district, if	4168
both of the following apply:	4169

(a) The school in which the student is enrolled does not	4170
offer the extracurricular activity.	4171

(b) The extracurricular activity is not interscholastic	4172
athletics or interscholastic contests or competition in music,	4173
drama, or forensics.	4174

(C) In order to participate in any extracurricular activity	4175
under this section, the student shall be of the appropriate age	4176
and grade level, as determined by the superintendent of the	4177
district, for the school that offers the extracurricular activity,	4178
and shall fulfill the same academic, nonacademic, and financial	4179
requirements as any other participant~~, including the rules and~~	4180
~~policies adopted by the school district under section 3313.535 of~~	4181
~~the Revised Code. The school district board of education may~~	4182
~~require a community school student to enroll and participate in no~~	4183
~~more than one academic course at the school offering the~~	4184
~~extracurricular activity as a condition to participating in the~~	4185
~~activity. In that case, the board shall admit students seeking to~~	4186
~~enroll in an academic course to fulfill the requirement as space~~	4187
~~allows after first enrolling students assigned to that school~~.	4188

(D) No school district board of education shall take any	4189
action contrary to the provisions of this section.	4190

(E) No school or school district shall impose additional	4191
rules on a student to participate under this section that do not	4192
apply to other students participating in the same extracurricular	4193
activity. No school or school district shall impose fees for a	4194
student to participate under this section that exceed any fees	4195
charged to other students participating in the same	4196
extracurricular activity.	4197

(F) No school district, interscholastic conference, or	4198
organization that regulates interscholastic conferences or events	4199
shall require a student who is eligible to participate in	4200
extracurricular activities under this section to meet eligibility	4201
requirements that conflict with this section.	4202

Sec. 3313.539. (A) As used in this section~~, "physician"~~:

4203

(1) "Physician" means a person authorized under Chapter 4731.	4204
of the Revised Code to practice medicine and surgery or	4205
osteopathic medicine and surgery.	4206

(2) "Licensed health care professional" means an individual,	4207
other than a physician, who is authorized under Title XLVII of the	4208
Revised Code to practice a health care profession.	4209

(B) No school district board of education or governing	4210
authority of a chartered or nonchartered nonpublic school shall	4211
permit a student to practice for or compete in interscholastic	4212
athletics until the student has submitted, to a school official	4213
designated by the board or governing authority, a form signed by	4214
the parent, guardian, or other person having care or charge of the	4215
student stating that the student and the parent, guardian, or	4216
other person having care or charge of the student have received	4217
the concussion and head injury information sheet required by	4218
section 3707.52 of the Revised Code. A completed form shall be	4219
submitted each school year, as defined in section 3313.62 of the	4220
Revised Code, for each sport or other category of interscholastic	4221
athletics for or in which the student practices or competes.	4222

(C)(1) No school district board of education or governing	4223
authority of a chartered or nonchartered nonpublic school shall	4224
permit an individual to coach interscholastic athletics unless the	4225
individual holds a pupil-activity program permit issued under	4226
section 3319.303 of the Revised Code for coaching interscholastic	4227
athletics.	4228

(2) No school district board of education or governing	4229
authority of a chartered or nonchartered nonpublic school shall	4230
permit an individual to referee interscholastic athletics unless	4231
the individual holds a pupil-activity program permit issued under	4232
section 3319.303 of the Revised Code for coaching interscholastic	4233
athletics or presents evidence that the individual has	4234
successfully completed, within the previous three years, a	4235
training program in recognizing the symptoms of concussions and	4236
head injuries to which the department of health has provided a	4237
link on its internet web site under section 3707.52 of the Revised	4238
Code or a training program authorized and required by an	4239
organization that regulates interscholastic athletic competition	4240
and conducts interscholastic athletic events.	4241

(D) If a student practicing for or competing in an	4242
interscholastic athletic event exhibits signs, symptoms, or	4243
behaviors consistent with having sustained a concussion or head	4244
injury while participating in the practice or competition, the	4245
student shall be removed from the practice or competition by	4246
either of the following:	4247

(1) The individual who is serving as the student's coach	4248
during that practice or competition;	4249

(2) An individual who is serving as a referee during that	4250
practice or competition.	4251

(E)(1) If a student is removed from practice or competition	4252
under division (D) of this section, the coach or referee who	4253
removed the student shall not allow the student, on the same day	4254
the student is removed, to return to that practice or competition	4255
or to participate in any other practice or competition for which	4256
the coach or referee is responsible. Thereafter, the coach or	4257
referee shall not allow the student to return to that practice or	4258
competition or to participate in any other practice or competition	4259
for which the coach or referee is responsible until both of the	4260
following conditions are satisfied:	4261

(a) The student's condition is assessed by ~~either~~any of the	4262
following who has complied with the requirements in division	4263
(E)(4) of this section:	4264

(i) A physician;

4265

(ii) ~~Any other~~A licensed health care ~~provider~~professional	4266
the school district board of education or governing authority of	4267
the chartered or nonchartered nonpublic school, pursuant to	4268
division (E)(2) of this section, authorizes to assess a student	4269
who has been removed from practice or competition under division	4270
(D) of this section;	4271

(iii) A licensed health care professional who meets the	4272
minimum education and continuing education requirements	4273
established by rules adopted under section 3707.521 of the Revised	4274
Code.	4275

(b) The student receives written clearance that it is safe	4276
for the student to return to practice or competition from athe	4277
physician or ~~from another~~ licensed health care ~~provider~~	4278
~~authorized pursuant to division (E)(2) of this section to grant~~	4279
~~the clearance~~professional who assessed the student's condition.	4280

(2) A school district board of education or governing	4281
authority of a chartered or nonchartered nonpublic school may	4282
authorize a licensed health care ~~provider who is not a physician~~	4283
professional to make an assessment or grant a clearance for	4284
purposes of division (E)(1) of this section only if the ~~provider~~	4285
professional is acting in accordance with one of the following, as	4286
applicable to the ~~provider's~~professional's authority to practice	4287
in this state:	4288

(a) In consultation with a physician;

4289

(b) Pursuant to the referral of a physician;

4290

4291

(d) Under the supervision of a physician.

4292

(3) A physician or ~~other~~ licensed health care ~~provider~~	4293
professional who makes an assessment or grants a clearance for	4294
purposes of division (E)(1) of this section may be a volunteer.	4295

(4) Beginning one hundred eighty days after the effective	4296
date of this amendment, all physicians and licensed health care	4297
professionals who conduct assessments and clearances under	4298
division (E)(1) of this section must meet the minimum education	4299
and continuing education requirements established by rules adopted	4300
under section 3707.521 of the Revised Code.	4301

(F) A school district board of education or governing	4302
authority of a chartered or nonchartered nonpublic school that is	4303
subject to the rules of an interscholastic conference or an	4304
organization that regulates interscholastic athletic competition	4305
and conducts interscholastic athletic events shall be considered	4306
to be in compliance with divisions (B), (D), and (E) of this	4307
section, as long as the requirements of those rules are	4308
substantially similar to the requirements of divisions (B), (D),	4309
and (E) of this section.	4310

(G)(1) A school district, member of a school district board	4311
of education, or school district employee or volunteer, including	4312
a coach or referee, is not liable in damages in a civil action for	4313
injury, death, or loss to person or property allegedly arising	4314
from providing services or performing duties under this section,	4315
unless the act or omission constitutes willful or wanton	4316
misconduct.	4317

This section does not eliminate, limit, or reduce any other	4318
immunity or defense that a school district, member of a school	4319
district board of education, or school district employee or	4320
volunteer, including a coach or referee, may be entitled to under	4321
Chapter 2744. or any other provision of the Revised Code or under	4322
the common law of this state.	4323

(2) A chartered or nonchartered nonpublic school or any	4324
officer, director, employee, or volunteer of the school, including	4325
a coach or referee, is not liable in damages in a civil action for	4326
injury, death, or loss to person or property allegedly arising	4327
from providing services or performing duties under this section,	4328
unless the act or omission constitutes willful or wanton	4329
misconduct.	4330

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

4331

(1) "One unit" means a minimum of one hundred twenty hours of	4332
course instruction, except that for a laboratory course, "one	4333
unit" means a minimum of one hundred fifty hours of course	4334
instruction.	4335

(2) "One-half unit" means a minimum of sixty hours of course	4336
instruction, except that for physical education courses, "one-half	4337
unit" means a minimum of one hundred twenty hours of course	4338
instruction.	4339

(B) Beginning September 15, 2001, except as required in	4340
division (C) of this section and division (C) of section 3313.614	4341
of the Revised Code, the requirements for graduation from every	4342
high school shall include twenty units earned in grades nine	4343
through twelve and shall be distributed as follows:	4344

(1) English language arts, four units;

4345

(2) Health, one-half unit;

4346

(3) Mathematics, three units;

4347

(4) Physical education, one-half unit;

4348

(5) Science, two units until September 15, 2003, and three	4349
units thereafter, which at all times shall include both of the	4350
following:	4351

(a) Biological sciences, one unit;

4352

(b) Physical sciences, one unit.

4353

(6) History and government, one unit, which shall comply with	4354
division (M) of this section and shall include both of the	4355
following:	4356

(a) American history, one-half unit;

4357

(b) American government, one-half unit.

4358

(7) Social studies, two units.

4359

(8) Elective units, seven units until September 15, 2003, and	4360
six units thereafter.	4361

Each student's electives shall include at least one unit, or	4362
two half units, chosen from among the areas of	4363
business/technology, fine arts, and/or foreign language.	4364

(C) Beginning with students who enter ninth grade for the	4365
first time on or after July 1, 2010, except as provided in	4366
divisions (D) to (F) of this section, the requirements for	4367
graduation from every public and chartered nonpublic high school	4368
shall include twenty units that are designed to prepare students	4369
for the workforce and college. The units shall be distributed as	4370
follows:	4371

(1) English language arts, four units;

4372

(2) Health, one-half unit, which shall include instruction in	4373
nutrition and the benefits of nutritious foods and physical	4374
activity for overall health;	4375

(3) Mathematics, four units, which shall include one unit of	4376
algebra II or the equivalent of algebra II;	4377

(4) Physical education, one-half unit;

4378

(5) Science, three units with inquiry-based laboratory	4379
experience that engages students in asking valid scientific	4380
questions and gathering and analyzing information, which shall	4381
include the following, or their equivalent:	4382

(a) Physical sciences, one unit;

4383

(b) Life sciences, one unit;

4384

(c) Advanced study in one or more of the following sciences,	4385
one unit:	4386

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

4387

(ii) Advanced biology or other life science;

4388

(iii) Astronomy, physical geology, or other earth or space	4389
science.	4390

(6) History and government, one unit, which shall comply with	4391
division (M) of this section and shall include both of the	4392
following:	4393

(a) American history, one-half unit;

4394

(b) American government, one-half unit.

4395

(7) Social studies, two units.

4396

Each school shall integrate the study of economics and	4397
financial literacy, as expressed in the social studies academic	4398
content standards adopted by the state board of education under	4399
division (A)(1) of section 3301.079 of the Revised Code and the	4400
academic content standards for financial literacy and	4401
entrepreneurship adopted under division (A)(2) of that section,	4402
into one or more existing social studies credits required under	4403
division (C)(7) of this section, or into the content of another	4404
class, so that every high school student receives instruction in	4405
those concepts. In developing the curriculum required by this	4406
paragraph, schools shall use available public-private partnerships	4407
and resources and materials that exist in business, industry, and	4408
through the centers for economics education at institutions of	4409
higher education in the state.	4410

(8) Five units consisting of one or any combination of	4411
foreign language, fine arts, business, career-technical education,	4412
family and consumer sciences, technology, agricultural education,	4413
a junior reserve officer training corps (JROTC) program approved	4414
by the congress of the United States under title 10 of the United	4415
States Code, or English language arts, mathematics, science, or	4416
social studies courses not otherwise required under division (C)	4417
of this section.	4418

Ohioans must be prepared to apply increased knowledge and	4419
skills in the workplace and to adapt their knowledge and skills	4420
quickly to meet the rapidly changing conditions of the	4421
twenty-first century. National studies indicate that all high	4422
school graduates need the same academic foundation, regardless of	4423
the opportunities they pursue after graduation. The goal of Ohio's	4424
system of elementary and secondary education is to prepare all	4425
students for and seamlessly connect all students to success in	4426
life beyond high school graduation, regardless of whether the next	4427
step is entering the workforce, beginning an apprenticeship,	4428
engaging in post-secondary training, serving in the military, or	4429
pursuing a college degree.	4430

The ~~Ohio core curriculum is~~requirements for graduation	4431
prescribed in division (C) of this section are the standard	4432
expectation for all students entering ninth grade for the first	4433
time at a public or chartered nonpublic high school on or after	4434
July 1, 2010. A student may satisfy this expectation through a	4435
variety of methods, including, but not limited to, integrated,	4436
applied, career-technical, and traditional coursework.	4437

Whereas teacher quality is essential for student success in	4438
when completing the ~~Ohio core curriculum~~requirements for	4439
graduation, the general assembly shall appropriate funds for	4440
strategic initiatives designed to strengthen schools' capacities	4441
to hire and retain highly qualified teachers in the subject areas	4442
required by the curriculum. Such initiatives are expected to	4443
require an investment of $120,000,000 over five years.	4444

Stronger coordination between high schools and institutions	4445
of higher education is necessary to prepare students for more	4446
challenging academic endeavors and to lessen the need for academic	4447
remediation in college, thereby reducing the costs of higher	4448
education for Ohio's students, families, and the state. The state	4449
board and the chancellor of the Ohio board of regents shall	4450
develop policies to ensure that only in rare instances will	4451
students who complete the ~~Ohio core curriculum~~requirements for	4452
graduation prescribed in division (C) of this section require	4453
academic remediation after high school.	4454

School districts, community schools, and chartered nonpublic	4455
schools shall integrate technology into learning experiences	4456
across the curriculum in order to maximize efficiency, enhance	4457
learning, and prepare students for success in the	4458
technology-driven twenty-first century. Districts and schools	4459
shall use distance and web-based course delivery as a method of	4460
providing or augmenting all instruction required under this	4461
division, including laboratory experience in science. Districts	4462
and schools shall utilize technology access and electronic	4463
learning opportunities provided by the broadcast educational media	4464
commission, chancellor, the Ohio learning network, education	4465
technology centers, public television stations, and other public	4466
and private providers.	4467

(D) Except as provided in division (E) of this section, a	4468
student who enters ninth grade on or after July 1, 2010, and	4469
before July 1, ~~2014~~2016, may qualify for graduation from a public	4470
or chartered nonpublic high school even though the student has not	4471
completed the ~~Ohio core curriculum~~requirements for graduation	4472
prescribed in division (C) of this section if all of the following	4473
conditions are satisfied:	4474

(1) After the student has attended high school for two years,	4475
as determined by the school, the student and the student's parent,	4476
guardian, or custodian sign and file with the school a written	4477
statement asserting the parent's, guardian's, or custodian's	4478
consent to the student's graduating without completing the ~~Ohio~~	4479
~~core curriculum~~requirements for graduation prescribed in division	4480
(C) of this section and acknowledging that one consequence of not	4481
completing ~~the Ohio core curriculum~~those requirements is	4482
ineligibility to enroll in most state universities in Ohio without	4483
further coursework.	4484

(2) The student and parent, guardian, or custodian fulfill	4485
any procedural requirements the school stipulates to ensure the	4486
student's and parent's, guardian's, or custodian's informed	4487
consent and to facilitate orderly filing of statements under	4488
division (D)(1) of this section.	4489

(3) The student and the student's parent, guardian, or	4490
custodian and a representative of the student's high school	4491
jointly develop ~~an individual career~~a student success plan for	4492
the student in the manner described in division (C)(1) of section	4493
3313.6020 of the Revised Code that specifies the student	4494
matriculating to a two-year degree program, acquiring a business	4495
and industry credential, or entering an apprenticeship.	4496

(4) The student's high school provides counseling and support	4497
for the student related to the plan developed under division	4498
(D)(3) of this section during the remainder of the student's high	4499
school experience.	4500

(5) The student successfully completes, at a minimum, the	4501
curriculum prescribed in division (B) of this section.	4502

The department of education, in collaboration with the	4503
chancellor, shall analyze student performance data to determine if	4504
there are mitigating factors that warrant extending the exception	4505
permitted by division (D) of this section to high school classes	4506
beyond those entering ninth grade before July 1, ~~2014~~2016. The	4507
department shall submit its findings and any recommendations not	4508
later than August 1, ~~2014~~2016, to the speaker and minority leader	4509
of the house of representatives, the president and minority leader	4510
of the senate, the chairpersons and ranking minority members of	4511
the standing committees of the house of representatives and the	4512
senate that consider education legislation, the state board of	4513
education, and the superintendent of public instruction.	4514

(E) Each school district and chartered nonpublic school	4515
retains the authority to require an even more ~~rigorous~~challenging	4516
minimum curriculum for high school graduation than specified in	4517
division (B) or (C) of this section. A school district board of	4518
education, through the adoption of a resolution, or the governing	4519
authority of a chartered nonpublic school may stipulate any of the	4520
following:	4521

(1) A minimum high school curriculum that requires more than	4522
twenty units of academic credit to graduate;	4523

(2) An exception to the district's or school's minimum high	4524
school curriculum that is comparable to the exception provided in	4525
division (D) of this section but with additional requirements,	4526
which may include a requirement that the student successfully	4527
complete more than the minimum curriculum prescribed in division	4528
(B) of this section;	4529

(3) That no exception comparable to that provided in division	4530
(D) of this section is available.	4531

(F) A student enrolled in a dropout prevention and recovery	4532
program, which program has received a waiver from the department,	4533
may qualify for graduation from high school by successfully	4534
completing a competency-based instructional program administered	4535
by the dropout prevention and recovery program in lieu of	4536
completing the ~~Ohio core curriculum~~requirements for graduation	4537
prescribed in division (C) of this section. The department shall	4538
grant a waiver to a dropout prevention and recovery program,	4539
within sixty days after the program applies for the waiver, if the	4540
program meets all of the following conditions:	4541

(1) The program serves only students not younger than sixteen	4542
years of age and not older than twenty-one years of age.	4543

(2) The program enrolls students who, at the time of their	4544
initial enrollment, either, or both, are at least one grade level	4545
behind their cohort age groups or experience crises that	4546
significantly interfere with their academic progress such that	4547
they are prevented from continuing their traditional programs.	4548

(3) The program requires students to attain at least the	4549
applicable score designated for each of the assessments prescribed	4550
under division (B)(1) of section 3301.0710 of the Revised Code or,	4551
to the extent prescribed by rule of the state board under division	4552
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	4553
of that section.	4554

(4) The program develops ~~an individual career~~a student	4555
success plan for the student in the manner described in division	4556
(C)(1) of section 3313.6020 of the Revised Code that specifies the	4557
student's matriculating to a two-year degree program, acquiring a	4558
business and industry credential, or entering an apprenticeship.	4559

(5) The program provides counseling and support for the	4560
student related to the plan developed under division (F)(4) of	4561
this section during the remainder of the student's high school	4562
experience.	4563

(6) The program requires the student and the student's	4564
parent, guardian, or custodian to sign and file, in accordance	4565
with procedural requirements stipulated by the program, a written	4566
statement asserting the parent's, guardian's, or custodian's	4567
consent to the student's graduating without completing the ~~Ohio~~	4568
~~core curriculum~~requirements for graduation prescribed in division	4569
(C) of this section and acknowledging that one consequence of not	4570
completing ~~the Ohio core curriculum~~those requirements is	4571
ineligibility to enroll in most state universities in Ohio without	4572
further coursework.	4573

(7) Prior to receiving the waiver, the program has submitted	4574
to the department an instructional plan that demonstrates how the	4575
academic content standards adopted by the state board under	4576
section 3301.079 of the Revised Code will be taught and assessed.	4577

(8) Prior to receiving the waiver, the program has submitted	4578
to the department a policy on career advising that satisfies the	4579
requirements of section 3313.6020 of the Revised Code, with an	4580
emphasis on how every student will receive career advising.	4581

(9) Prior to receiving the waiver, the program has submitted	4582
to the department a written agreement outlining the future	4583
cooperation between the program and any combination of local job	4584
training, postsecondary education, nonprofit, and health and	4585
social service organizations to provide services for students in	4586
the program and their families.	4587

Divisions (F)(8) and (9) of this section apply only to	4588
waivers granted on or after July 1, 2015.	4589

If the department does not act either to grant the waiver or	4590
to reject the program application for the waiver within sixty days	4591
as required under this section, the waiver shall be considered to	4592
be granted.	4593

(G) Every high school may permit students below the ninth	4594
grade to take advanced work. If a high school so permits, it shall	4595
award high school credit for successful completion of the advanced	4596
work and shall count such advanced work toward the graduation	4597
requirements of division (B) or (C) of this section if the	4598
advanced work was both:	4599

(1) Taught by a person who possesses a license or certificate	4600
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	4601
Code that is valid for teaching high school;	4602

(2) Designated by the board of education of the city, local,	4603
or exempted village school district, the board of the cooperative	4604
education school district, or the governing authority of the	4605
chartered nonpublic school as meeting the high school curriculum	4606
requirements.	4607

Each high school shall record on the student's high school	4608
transcript all high school credit awarded under division (G) of	4609
this section. In addition, if the student completed a seventh- or	4610
eighth-grade fine arts course described in division (K) of this	4611
section and the course qualified for high school credit under that	4612
division, the high school shall record that course on the	4613
student's high school transcript.	4614

(H) The department shall make its individual academic career	4615
plan available through its Ohio career information system web site	4616
for districts and schools to use as a tool for communicating with	4617
and providing guidance to students and families in selecting high	4618
school courses.	4619

(I) Units earned in English language arts, mathematics,	4620
science, and social studies that are delivered through integrated	4621
academic and career-technical instruction are eligible to meet the	4622
graduation requirements of division (B) or (C) of this section.	4623

(J) The state board, in consultation with the chancellor,	4624
shall adopt a statewide plan implementing methods for students to	4625
earn units of high school credit based on a demonstration of	4626
subject area competency, instead of or in combination with	4627
completing hours of classroom instruction. The state board shall	4628
adopt the plan not later than March 31, 2009, and commence phasing	4629
in the plan during the 2009-2010 school year. The plan shall	4630
include a standard method for recording demonstrated proficiency	4631
on high school transcripts. Each school district and community	4632
school shall comply with the state board's plan adopted under this	4633
division and award units of high school credit in accordance with	4634
the plan. The state board may adopt existing methods for earning	4635
high school credit based on a demonstration of subject area	4636
competency as necessary prior to the 2009-2010 school year.	4637

(K) This division does not apply to students who qualify for	4638
graduation from high school under division (D) or (F) of this	4639
section, or to students pursuing a career-technical instructional	4640
track as determined by the school district board of education or	4641
the chartered nonpublic school's governing authority.	4642
Nevertheless, the general assembly encourages such students to	4643
consider enrolling in a fine arts course as an elective.	4644

Beginning with students who enter ninth grade for the first	4645
time on or after July 1, 2010, each student enrolled in a public	4646
or chartered nonpublic high school shall complete two semesters or	4647
the equivalent of fine arts to graduate from high school. The	4648
coursework may be completed in any of grades seven to twelve. Each	4649
student who completes a fine arts course in grade seven or eight	4650
may elect to count that course toward the five units of electives	4651
required for graduation under division (C)(8) of this section, if	4652
the course satisfied the requirements of division (G) of this	4653
section. In that case, the high school shall award the student	4654
high school credit for the course and count the course toward the	4655
five units required under division (C)(8) of this section. If the	4656
course in grade seven or eight did not satisfy the requirements of	4657
division (G) of this section, the high school shall not award the	4658
student high school credit for the course but shall count the	4659
course toward the two semesters or the equivalent of fine arts	4660
required by this division.	4661

(L) Notwithstanding anything to the contrary in this section,	4662
the board of education of each school district and the governing	4663
authority of each chartered nonpublic school may adopt a policy to	4664
excuse from the high school physical education requirement each	4665
student who, during high school, has participated in	4666
interscholastic athletics, marching band, or cheerleading for at	4667
least two full seasons or in the junior reserve officer training	4668
corps for at least two full school years. If the board or	4669
authority adopts such a policy, the board or authority shall not	4670
require the student to complete any physical education course as a	4671
condition to graduate. However, the student shall be required to	4672
complete one-half unit, consisting of at least sixty hours of	4673
instruction, in another course of study. In the case of a student	4674
who has participated in the junior reserve officer training corps	4675
for at least two full school years, credit received for that	4676
participation may be used to satisfy the requirement to complete	4677
one-half unit in another course of study.	4678

(M) It is important that high school students learn and	4679
understand United States history and the governments of both the	4680
United States and the state of Ohio. Therefore, beginning with	4681
students who enter ninth grade for the first time on or after July	4682
1, 2012, the study of American history and American government	4683
required by divisions (B)(6) and (C)(6) of this section shall	4684
include the study of all of the following documents:	4685

(1) The Declaration of Independence;

4686

(2) The Northwest Ordinance;

4687

(3) The Constitution of the United States with emphasis on	4688
the Bill of Rights;	4689

(4) The Ohio Constitution.

4690

The study of each of the documents prescribed in divisions	4691
(M)(1) to (4) of this section shall include study of that document	4692
in its original context.	4693

The study of American history and government required by	4694
divisions (B)(6) and (C)(6) of this section shall include the	4695
historical evidence of the role of documents such as the	4696
Federalist Papers and the Anti-Federalist Papers to firmly	4697
establish the historical background leading to the establishment	4698
of the provisions of the Constitution and Bill of Rights.	4699

Sec. 3313.6013. (A) As used in this section, "~~dual enrollment~~	4700
advanced standing program" means a program that enables a student	4701
to earn credit toward a degree from an institution of higher	4702
education while enrolled in high school or that enables a student	4703
to complete coursework while enrolled in high school that may earn	4704
credit toward a degree from an institution of higher education	4705
upon the student's attainment of a specified score on an	4706
examination covering the coursework. ~~Dual enrollment~~Advanced	4707
standing programs may include any of the following:	4708

(1) The ~~post-secondary enrollment options~~college credit plus	4709
program established under Chapter 3365. of the Revised Code;	4710

(2) Advanced placement courses;

4711

(3) ~~Any similar program established pursuant to an agreement~~	4712
~~between a school district or chartered nonpublic high school and~~	4713
~~an institution of higher education~~International baccalaureate	4714
diploma courses;	4715

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

4716

(B) Each city, local, exempted village, and joint vocational	4717
school district and each chartered nonpublic high school shall	4718
provide students enrolled in grades nine through twelve with the	4719
opportunity to participate in ~~a dual enrollment~~an advanced	4720
standing program. For this purpose, each school district and	4721
chartered nonpublic high school shall offer at least one ~~dual~~	4722
~~enrollment~~advanced standing program in accordance with division	4723
(B)(1) or (2) of this section, as applicable.	4724

(1) A city, local, or exempted village school district meets	4725
the requirements of this division through its mandatory	4726
participation in the ~~post-secondary enrollment options~~college	4727
credit plus program established under Chapter 3365. of the Revised	4728
Code. However, a city, local, or exempted village school district	4729
may offer any other ~~dual enrollment~~advanced standing program, in	4730
addition to the ~~post-secondary enrollment options~~college credit	4731
plus program, and each joint vocational school district shall	4732
offer at least one other ~~dual enrollment~~advanced standing	4733
program, to students in good standing, as defined by the	4734
partnership for continued learning under section 3301.42 of the	4735
Revised Code as it existed prior to October 16, 2009, or as	4736
subsequently defined by the department of education.	4737

(2) A chartered nonpublic high school that elects to	4738
participate in the ~~post-secondary enrollment options~~college	4739
credit plus program established under Chapter 3365. of the Revised	4740
Code meets the requirements of this division. Each chartered	4741
nonpublic high school that elects not to participate in the	4742
~~post-secondary enrollment options~~college credit plus program	4743
instead shall offer at least one other ~~dual enrollment~~advanced	4744
standing program to students in good standing, as defined by the	4745
partnership for continued learning under section 3301.42 of the	4746
Revised Code as it existed prior to October 16, 2009, or as	4747
subsequently defined by the department of education.	4748

(C) Each school district and each chartered nonpublic high	4749
school shall provide information about the ~~dual enrollment~~	4750
advanced standing programs offered by the district or school to	4751
all students enrolled in grades eight through eleven. The district	4752
or school shall include information about all of the following:	4753

(1) The process colleges and universities use in awarding	4754
credit for advanced placement and international baccalaureate	4755
courses and examinations, including minimum scores required by	4756
state institutions of higher education, as defined in section	4757
3345.011 of the Revised Code, for a student to receive college	4758
credit;	4759

(2) The availability of tuition and fee waivers for advanced	4760
placement and international baccalaureate courses and	4761
examinations;	4762

(3) The availability of online advanced placement or	4763
international baccalaureate courses, including those that may be	4764
available at no cost;	4765

(4) The benefits of earning postsecondary credit through	4766
advanced placement or international baccalaureate courses;	4767

(5) The availability of advanced placement or international	4768
baccalaureate courses offered throughout the district.	4769

The district or school may include additional information as	4770
determined appropriate by the district or school.	4771

(D) NoExcept as provided for in Chapter 3365. of the Revised	4772
Code, no city, local, exempted village, and joint vocational	4773
school district shall charge an enrolled student an additional fee	4774
or tuition for participation in any ~~dual enrollment~~advanced	4775
standing program offered by the district. Students may be required	4776
to pay the costs associated with taking an advanced placement or	4777
international baccalaureate examination.	4778

(E) Any agreement between a school district or school and an	4779
associated college governing the operation of an early college	4780
high school program shall be subject to the requirements of the	4781
college credit plus program, with the following exceptions:	4782

(1) Any aspect of the agreement that does not relate to the	4783
conferral of transcripted credit, as defined in section 3365.01 of	4784
the Revised Code, shall not be subject to the requirements of the	4785
college credit plus program.	4786

(2) If the early college high school program began operating	4787
prior to July 1, 2014, the agreement shall not be subject to the	4788
requirements of the college credit plus program until the later of	4789
the date on which the existing agreement expires or July 1, 2015.	4790

(3) If the district, school, or associated college operating	4791
the early college high school program was granted an award under	4792
Section 263.325 of Am. Sub. H.B. 59 of the 130th general assembly	4793
for the 2014-2015 school year, as the lead applicant on the grant	4794
or as part of a consortium, for a project involving the	4795
establishment or expansion of an early college high school, the	4796
agreement shall not be subject to the requirements of the college	4797
credit plus program during the period of time for which the	4798
project is funded by the grant award under that section.	4799

(4) If the district, school, or associated college obtains a	4800
waiver for the agreement under section 3365.10 of the Revised	4801
Code, the agreement shall not be subject to the requirements of	4802
the college credit plus program as expressed in and excused by the	4803
waiver.	4804

The college credit plus program shall not govern any advanced	4805
placement course or international baccalaureate diploma course as	4806
described under this section.	4807

(F) As used in this section:

4808

(1) "Associated college" means a public or private college,	4809
as defined in section 3365.01 of the Revised Code, which has	4810
entered into an agreement with a school district or school to	4811
establish an early college high school program, as described in	4812
division (F)(2) of this section, and awards transcripted credit,	4813
as defined in section 3365.01 of the Revised Code, to students	4814
through that program.	4815

(2) "Early college high school program" means a program	4816
operated by a school district or school and an associated college	4817
that provides a personalized learning plan, which is based on	4818
accelerated curriculum and includes both high school and	4819
college-level coursework, and enables the following students to	4820
earn a high school diploma and an associate degree, or the	4821
equivalent number of transcripted credits, upon successful	4822
completion of the program:	4823

(a) Students who are underrepresented in regard to completing	4824
post-secondary education;	4825

(b) Students who are economically disadvantaged, as defined	4826
by the department of education;	4827

4828

Sec. 3313.6014. The board of education of each city,	4829
exempted village, and local school district shall by resolution	4830
adopt a procedure for notifying the parent, guardian, or custodian	4831
of each student enrolled in a high school operated by the district	4832
or enrolled in a school operated by the joint vocational school	4833
district to which the city, exempted village, or local district	4834
belongs of the requirements ~~of the Ohio core curriculum~~ prescribed	4835
in division (C) of section 3313.603 of the Revised Code and that	4836
one consequence of not completing that curriculum is ineligibility	4837
to enroll in most state universities in Ohio without further	4838
coursework.	4839

This section does not create a new cause of action or	4840
substantive legal right.	4841

Sec. 3313.6016. (A) Beginning in the 2011-2012 school year,	4842
the department of education shall administer a pilot program	4843
requiring daily physical activity for students. Any school	4844
district; community school established under Chapter 3314. of the	4845
Revised Code; science, technology, engineering, and mathematics	4846
school established under Chapter 3326. of the Revised Code; or	4847
chartered nonpublic school annually may elect to participate in	4848
the pilot program by notifying the department of its interest by a	4849
date established by the department. If a school district elects to	4850
participate in the pilot program, the district shall select one or	4851
more school buildings to participate in the program. To the	4852
maximum extent possible, the department shall seek to include in	4853
the pilot program districts and schools that are located in urban,	4854
suburban, and rural areas distributed geographically throughout	4855
the state. The department shall administer the pilot program in	4856
accordance with this section.	4857

(B) Except as provided in division (C) of this section, each	4858
district or school participating in the pilot program shall	4859
require all students in the school building selected under	4860
division (A) of this section to engage in at least thirty minutes	4861
of moderate to rigorous physical activity each school day or at	4862
least one hundred fifty minutes of moderate to rigorous physical	4863
activity each week, exclusive of recess. Physical activity engaged	4864
in during the following may count toward the daily requirement:	4865

(1) A physical education course;

4866

(2) A program or activity occurring before or after the	4867
regular school day, as defined in section 3313.814 of the Revised	4868
Code, that is sponsored or approved by the school of attendance,	4869
provided school officials are able to monitor students'	4870
participation to ensure compliance with the requirement.	4871

(C) None of the following shall be subject to the requirement	4872
of division (B) of this section:	4873

(1) Any student enrolled in the ~~post-secondary enrollment~~	4874
~~options~~college credit plus program established under Chapter	4875
3365. of the Revised Code;	4876

(2) Any student enrolled in a career-technical education	4877
program operated by the district or school;	4878

(3) Any student enrolled in a dropout prevention and recovery	4879
program operated by the district or school.	4880

(D) For any period in which a student is participating in	4881
interscholastic athletics, marching band, cheerleading, or a	4882
junior reserve officer training corps program, the district or	4883
school may excuse the student from the requirement of division (B)	4884
of this section.	4885

(E) The district or school may excuse any kindergarten	4886
student who is not enrolled in all-day kindergarten, as defined in	4887
section 3321.05 of the Revised Code, from the requirement of	4888
division (B) of this section.	4889

(F) Each district or school annually shall report to the	4890
department, in the manner prescribed by the department, how the	4891
district or school implemented the thirty minutes of daily	4892
physical activity and the financial costs of implementation. The	4893
department shall issue an annual report of the data collected	4894
under this division.	4895

Sec. 3313.6020. (A)(1) Beginning in the 2015-2016 school	4896
year, the board of education of each city, local, exempted	4897
village, and joint vocational school district shall adopt a policy	4898
on career advising that complies with this section. Thereafter,	4899
the policy shall be updated at least once every two years.	4900

(2) The board shall make the policy publicly available to	4901
students, parents, guardians, or custodians, local post-secondary	4902
institutions, and residents of the district. The district shall	4903
post the policy in a prominent location on its web site, if it has	4904
one.	4905

(B) The policy on career advising shall specify how the	4906
district will do all of the following:	4907

(1) Provide students with grade-level examples that link	4908
their schoolwork to one or more career fields. A district may use	4909
career connections developed under division (B)(2) of section	4910
3301.079 of the Revised Code for this purpose.	4911

(2) Create a plan to provide career advising to students in	4912
grades six through twelve;	4913

(3) Beginning in the 2015-2016 school year, provide	4914
additional interventions and career advising for students who are	4915
identified as at risk of dropping out of school in accordance with	4916
division (C) of this section;	4917

(4) Train its employees on how to advise students on career	4918
pathways, including training on advising students using online	4919
tools;	4920

(5) Develop multiple, clear academic pathways through high	4921
school that students may choose in order to earn a high school	4922
diploma;	4923

(6) Identify and publicize courses that can award students	4924
both traditional academic and career-technical credit;	4925

(7) Document the career advising provided to each student for	4926
review by the student, the student's parent, guardian, or	4927
custodian, and future schools that the student may attend. A	4928
district shall not otherwise release this information without the	4929
written consent of the student's parent, guardian, or custodian,	4930
if the student is less than eighteen years old, or the written	4931
consent of the student, if the student is at least eighteen years	4932
old.	4933

(8) Prepare students for their transition from high school to	4934
their post-secondary destinations, including any special	4935
interventions that are necessary for students in need of	4936
remediation in mathematics or English language arts.	4937

(C)(1) Beginning in the 2015-2016 school year, each district	4938
shall identify students who are at risk of dropping out of school	4939
using a method that is both research-based and locally-based and	4940
that is developed in consultation with the district's classroom	4941
teachers and guidance counselors. If a student is identified as at	4942
risk of dropping out of school, the district shall develop a	4943
student success plan that addresses the student's academic pathway	4944
to a successful graduation and the role of career-technical	4945
education, competency-based education, and experiential learning,	4946
as appropriate, in that pathway.	4947

(2) Prior to developing a student success plan for a student,	4948
the district shall invite the student's parent, guardian, or	4949
custodian to assist in developing the plan. If the student's	4950
parent, guardian, or custodian does not participate in the	4951
development of the plan, the district shall provide to the parent,	4952
guardian, or custodian a copy of the student's success plan and a	4953
statement of the importance of a high school diploma and the	4954
academic pathways available to the student in order to	4955
successfully graduate.	4956

(3) Following the development of a student success plan for a	4957
student, the district shall provide career advising to the student	4958
that is aligned with the plan and, beginning in the 2015-2016	4959
school year, the district's plan to provide career advising	4960
created under division (B)(2) of this section.	4961

(D) Not later than December 1, 2014, the department of	4962
education shall develop and post on its web site model policies on	4963
career advising and model student success plans.	4964

Sec. 3313.61. (A) A diploma shall be granted by the board of	4965
education of any city, exempted village, or local school district	4966
that operates a high school to any person to whom all of the	4967
following apply:	4968

(1) The person has successfully completed the curriculum in	4969
any high school or the individualized education program developed	4970
for the person by any high school pursuant to section 3323.08 of	4971
the Revised Code, or has qualified under division (D) or (F) of	4972
section 3313.603 of the Revised Code, provided that no school	4973
district shall require a student to remain in school for any	4974
specific number of semesters or other terms if the student	4975
completes the required curriculum early;	4976

(2) Subject to section 3313.614 of the Revised Code, the	4977
person has met the assessment requirements of division (A)(2)(a)	4978
or (b) of this section, as applicable.	4979

(a) If the person entered the ninth grade prior to the date	4980
prescribed by rule of the state board of education under division	4981
(D)(2) of section 3301.0712 of the Revised Code, the person	4982
either:	4983

(i) Has attained at least the applicable scores designated	4984
under division (B)(1) of section 3301.0710 of the Revised Code on	4985
all the assessments required by that division unless the person	4986
was excused from taking any such assessment pursuant to section	4987
3313.532 of the Revised Code or unless division (H) or (L) of this	4988
section applies to the person;	4989

(ii) Has satisfied the alternative conditions prescribed in	4990
section 3313.615 of the Revised Code.	4991

(b) If the person entered the ninth grade on or after the	4992
date prescribed by rule of the state board under division (D)(2)	4993
of section 3301.0712 of the Revised Code, the person has met the	4994
requirements of the entire assessment system prescribed under	4995
division (B)(2) of section 3301.0710 of the Revised Code, except	4996
to the extent that the person is excused from some portion of that	4997
assessment system pursuant to section 3313.532 of the Revised Code	4998
or division (H) or (L) of this section.	4999

(3) The person is not eligible to receive an honors diploma	5000
granted pursuant to division (B) of this section.	5001

Except as provided in divisions (C), (E), (J), and (L) of	5002
this section, no diploma shall be granted under this division to	5003
anyone except as provided under this division.	5004

(B) In lieu of a diploma granted under division (A) of this	5005
section, an honors diploma shall be granted, in accordance with	5006
rules of the state board, by any such district board to anyone who	5007
accomplishes all of the following:	5008

(1) Successfully completes the curriculum in any high school	5009
or the individualized education program developed for the person	5010
by any high school pursuant to section 3323.08 of the Revised	5011
Code;	5012

(2) Subject to section 3313.614 of the Revised Code, has met	5013
the assessment requirements of division (B)(2)(a) or (b) of this	5014
section, as applicable.	5015

(a) If the person entered the ninth grade prior to the date	5016
prescribed by rule of the state board of education under division	5017
(D)(2) of section 3301.0712 of the Revised Code, the person	5018
either:	5019

(i) Has attained at least the applicable scores designated	5020
under division (B)(1) of section 3301.0710 of the Revised Code on	5021
all the assessments required by that division;	5022

(ii) Has satisfied the alternative conditions prescribed in	5023
section 3313.615 of the Revised Code.	5024

(b) If the person entered the ninth grade on or after the	5025
date prescribed by rule of the state board under division (D)(2)	5026
of section 3301.0712 of the Revised Code, the person has met the	5027
requirements of the entire assessment system prescribed under	5028
division (B)(2) of section 3301.0710 of the Revised Code.	5029

(3) Has met additional criteria established by the state	5030
board for the granting of such a diploma.	5031

An honors diploma shall not be granted to a student who is	5032
subject to the ~~Ohio core curriculum~~requirements prescribed in	5033
division (C) of section 3313.603 of the Revised Code but elects	5034
the option of division (D) or (F) of that section. Except as	5035
provided in divisions (C), (E), and (J) of this section, no honors	5036
diploma shall be granted to anyone failing to comply with this	5037
division and no more than one honors diploma shall be granted to	5038
any student under this division.	5039

The state board shall adopt rules prescribing the granting of	5040
honors diplomas under this division. These rules may prescribe the	5041
granting of honors diplomas that recognize a student's achievement	5042
as a whole or that recognize a student's achievement in one or	5043
more specific subjects or both. The rules may prescribe the	5044
granting of an honors diploma recognizing technical expertise for	5045
a career-technical student. In any case, the rules shall designate	5046
two or more criteria for the granting of each type of honors	5047
diploma the board establishes under this division and the number	5048
of such criteria that must be met for the granting of that type of	5049
diploma. The number of such criteria for any type of honors	5050
diploma shall be at least one less than the total number of	5051
criteria designated for that type and no one or more particular	5052
criteria shall be required of all persons who are to be granted	5053
that type of diploma.	5054

(C) Any district board administering any of the assessments	5055
required by section 3301.0710 of the Revised Code to any person	5056
requesting to take such assessment pursuant to division (B)(8)(b)	5057
of section 3301.0711 of the Revised Code shall award a diploma to	5058
such person if the person attains at least the applicable scores	5059
designated under division (B)(1) of section 3301.0710 of the	5060
Revised Code on all the assessments administered and if the person	5061
has previously attained the applicable scores on all the other	5062
assessments required by division (B)(1) of that section or has	5063
been exempted or excused from attaining the applicable score on	5064
any such assessment pursuant to division (H) or (L) of this	5065
section or from taking any such assessment pursuant to section	5066
3313.532 of the Revised Code.	5067

(D) Each diploma awarded under this section shall be signed	5068
by the president and treasurer of the issuing board, the	5069
superintendent of schools, and the principal of the high school.	5070
Each diploma shall bear the date of its issue, be in such form as	5071
the district board prescribes, and be paid for out of the	5072
district's general fund.	5073

(E) A person who is a resident of Ohio and is eligible under	5074
state board of education minimum standards to receive a high	5075
school diploma based in whole or in part on credits earned while	5076
an inmate of a correctional institution operated by the state or	5077
any political subdivision thereof, shall be granted such diploma	5078
by the correctional institution operating the programs in which	5079
such credits were earned, and by the board of education of the	5080
school district in which the inmate resided immediately prior to	5081
the inmate's placement in the institution. The diploma granted by	5082
the correctional institution shall be signed by the director of	5083
the institution, and by the person serving as principal of the	5084
institution's high school and shall bear the date of issue.	5085

(F) Persons who are not residents of Ohio but who are inmates	5086
of correctional institutions operated by the state or any	5087
political subdivision thereof, and who are eligible under state	5088
board of education minimum standards to receive a high school	5089
diploma based in whole or in part on credits earned while an	5090
inmate of the correctional institution, shall be granted a diploma	5091
by the correctional institution offering the program in which the	5092
credits were earned. The diploma granted by the correctional	5093
institution shall be signed by the director of the institution and	5094
by the person serving as principal of the institution's high	5095
school and shall bear the date of issue.	5096

(G) The state board of education shall provide by rule for	5097
the administration of the assessments required by section	5098
3301.0710 of the Revised Code to inmates of correctional	5099
institutions.	5100

(H) Any person to whom all of the following apply shall be	5101
exempted from attaining the applicable score on the assessment in	5102
social studies designated under division (B)(1) of section	5103
3301.0710 of the Revised Code, any American history end-of-course	5104
examination and any American government end-of-course examination	5105
required under division (B)(2) of that section if such an	5106
exemption is prescribed by rule of the state board under division	5107
(D)(4) of section 3301.0712 of the Revised Code, or the test in	5108
citizenship designated under former division (B) of section	5109
3301.0710 of the Revised Code as it existed prior to September 11,	5110
2001:	5111

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

5112

(2) The person is not a permanent resident of the United	5113
States;	5114

(3) The person indicates no intention to reside in the United	5115
States after the completion of high school.	5116

(I) Notwithstanding division (D) of section 3311.19 and	5117
division (D) of section 3311.52 of the Revised Code, this section	5118
and section ~~3311.611~~3313.611 of the Revised Code do not apply to	5119
the board of education of any joint vocational school district or	5120
any cooperative education school district established pursuant to	5121
divisions (A) to (C) of section 3311.52 of the Revised Code.	5122

(J) Upon receipt of a notice under division (D) of section	5123
3325.08 or division (D) of section 3328.25 of the Revised Code	5124
that a student has received a diploma under either section, the	5125
board of education receiving the notice may grant a high school	5126
diploma under this section to the student, except that such board	5127
shall grant the student a diploma if the student meets the	5128
graduation requirements that the student would otherwise have had	5129
to meet to receive a diploma from the district. The diploma	5130
granted under this section shall be of the same type the notice	5131
indicates the student received under section 3325.08 or 3328.25 of	5132
the Revised Code.	5133

(K) As used in this division, "limited English proficient	5134
student" has the same meaning as in division (C)(3) of section	5135
3301.0711 of the Revised Code.	5136

Notwithstanding division (C)(3) of section 3301.0711 of the	5137
Revised Code, no limited English proficient student who has not	5138
either attained the applicable scores designated under division	5139
(B)(1) of section 3301.0710 of the Revised Code on all the	5140
assessments required by that division, or met the requirements of	5141
the assessments required by division (B)(2) of that section, shall	5142
be awarded a diploma under this section.	5143

(L) Any student described by division (A)(1) of this section	5144
may be awarded a diploma without attaining the applicable scores	5145
designated on the assessments prescribed under division (B) of	5146
section 3301.0710 of the Revised Code provided an individualized	5147
education program specifically exempts the student from attaining	5148
such scores. This division does not negate the requirement for	5149
such a student to take all such assessments or alternate	5150
assessments required by division (C)(1) of section 3301.0711 of	5151
the Revised Code for the purpose of assessing student progress as	5152
required by federal law.	5153

Sec. 3313.612. (A) No nonpublic school chartered by the	5154
state board of education shall grant a high school diploma to any	5155
person unless, subject to section 3313.614 of the Revised Code,	5156
the person has met the assessment requirements of division (A)(1)	5157
or (2) of this section, as applicable.	5158

(1) If the person entered the ninth grade prior to the date	5159
prescribed by rule of the state board under division (D)(2) of	5160
section 3301.0712 of the Revised Code, the person has attained at	5161
least the applicable scores designated under division (B)(1) of	5162
section 3301.0710 of the Revised Code on all the assessments	5163
required by that division, or has satisfied the alternative	5164
conditions prescribed in section 3313.615 of the Revised Code.	5165

(2) If the person entered the ninth grade on or after the	5166
date prescribed by rule of the state board under division	5167
~~(E)~~(D)(2) of section 3301.0712 of the Revised Code, the person has	5168
met the requirements of the entire assessment system prescribed	5169
under division (B)(2) of section 3301.0710 of the Revised Code.	5170

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

5171

(1) Any person with regard to any assessment from which the	5172
person was excused pursuant to division (C)(1)(c) of section	5173
3301.0711 of the Revised Code;	5174

(2) Any person that attends a nonpublic school accredited	5175
through the independent school association of the central states	5176
with regard to any end-of-course examination required under	5177
divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;	5178

(3) Any person with regard to the social studies assessment	5179
under division (B)(1) of section 3301.0710 of the Revised Code,	5180
any American history end-of-course examination and any American	5181
government end-of-course examination required under division	5182
(B)(2) of that section if such an exemption is prescribed by rule	5183
of the state board of education under division (D)(4) of section	5184
3301.0712 of the Revised Code, or the citizenship test under	5185
former division (B) of section 3301.0710 of the Revised Code as it	5186
existed prior to September 11, 2001, if all of the following	5187
apply:	5188

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

5189

(b) The person is not a permanent resident of the United	5190
States;	5191

(c) The person indicates no intention to reside in the United	5192
States after completion of high school.	5193

(C) As used in this division, "limited English proficient	5194
student" has the same meaning as in division (C)(3) of section	5195
3301.0711 of the Revised Code.	5196

Notwithstanding division (C)(3) of section 3301.0711 of the	5197
Revised Code, no limited English proficient student who has not	5198
either attained the applicable scores designated under division	5199
(B)(1) of section 3301.0710 of the Revised Code on all the	5200
assessments required by that division, or met the requirements of	5201
the assessments under division (B)(2) of that section, shall be	5202
awarded a diploma under this section.	5203

Sec. 3313.843. (A) Notwithstanding division (D) of section	5204
3311.52 of the Revised Code, this section does not apply to any	5205
cooperative education school district.	5206

(B)(1) The board of education of each city, exempted village,	5207
or local school district with an average daily student enrollment	5208
of sixteen thousand or less, reported for the district on the most	5209
recent report card issued under section 3302.03 of the Revised	5210
Code, shall enter into an agreement with the governing board of an	5211
educational service center, under which the educational service	5212
center governing board will provide services to the district.	5213

(2) The board of education of a city, exempted village, or	5214
local school district with an average daily student enrollment of	5215
more than sixteen thousand may enter into an agreement with the	5216
governing board of an educational service center, under which the	5217
educational service center governing board will provide services	5218
to the district.	5219

(3) Services provided under an agreement entered into under	5220
division (B)(1) or (2) of this section shall be specified in the	5221
agreement, and may include any of the following: supervisory	5222
teachers; in-service and continuing education programs for	5223
district personnel; curriculum services; research and development	5224
programs; academic instruction for which the governing board	5225
employs teachers pursuant to section 3319.02 of the Revised Code;	5226
assistance in the provision of special accommodations and classes	5227
for students with disabilities; or any other services the district	5228
board and service center governing board agree can be better	5229
provided by the service center and are not provided under an	5230
agreement entered into under section 3313.845 of the Revised Code.	5231
Services included in the agreement shall be provided to the	5232
district in the manner specified in the agreement. The district	5233
board of education shall reimburse the educational service center	5234
governing board pursuant to division (H) of this section.	5235

(C) Any agreement entered into pursuant to this section shall	5236
be filed with the department of education by the first day of July	5237
of the school year for which the agreement is in effect.	5238

(D)(1) An agreement for services from an educational service	5239
center entered into under this section may be terminated by the	5240
school district board of education, at its option, by notifying	5241
the governing board of the service center by March 1, 2012, or by	5242
the first day of January of any odd-numbered year thereafter, that	5243
the district board intends to terminate the agreement in that	5244
year, and that termination shall be effective on the thirtieth day	5245
of June of that year. The failure of a district board to notify an	5246
educational service center of its intent to terminate an agreement	5247
by March 1, 2012, shall result in renewal of the existing	5248
agreement for the following school year. Thereafter, the failure	5249
of a district board to notify an educational service center of its	5250
intent to terminate an agreement by the first day of January of an	5251
odd-numbered year shall result in renewal of the existing	5252
agreement for the following two school years.	5253

(2) If the school district that terminates an agreement for	5254
services under division (D)(1) of this section is also subject to	5255
the requirement of division (B)(1) of this section, the district	5256
board shall enter into a new agreement with any educational	5257
service center so that the new agreement is effective on the first	5258
day of July of that same year.	5259

(3) If all moneys owed by a school district to an educational	5260
service center under an agreement for services terminated under	5261
division (D)(1) of this section have been paid in full by the	5262
effective date of the termination, the governing board of the	5263
service center shall submit an affidavit to the department	5264
certifying that fact not later than fifteen days after the	5265
termination's effective date. Notwithstanding anything in the	5266
Revised Code to the contrary, until the department receives such	5267
an affidavit, it shall not make any payments to any other	5268
educational service center with which the district enters into an	5269
agreement under this section for services that the educational	5270
service center provides to the district.	5271

(E) An educational service center may apply to any state or	5272
federal agency for competitive grants. It may also apply to any	5273
private entity for additional funds.	5274

(F) Not later than January 1, 2014, each educational service	5275
center shall post on its web site a list of all of the services	5276
that it provides and the corresponding cost for each of those	5277
services.	5278

(G)(1) For purposes of calculating any state operating	5279
subsidy to be paid to an educational service center for the	5280
operation of that service center and any services required under	5281
Title XXXIII of the Revised Code to be provided by the service	5282
center to a school district, the service center's student count	5283
shall be the sum of the total student counts of all the school	5284
districts with which the educational service center has entered	5285
into an agreement under this section.	5286

(2) When a district enters into a new agreement with a new	5287
educational service center, the department of education shall	5288
ensure that the state operating subsidy for services provided to	5289
the district is paid to the new educational service center and	5290
that the educational service center with which the district	5291
previously had an agreement is no longer paid a state operating	5292
subsidy for providing services to that district.	5293

(H) Pursuant to division (B) of section 3317.023 of the	5294
Revised Code, the department annually shall deduct from each	5295
school district that enters into an agreement with an educational	5296
service center under this section, and pay to the service center,	5297
an amount equal to six dollars and fifty cents times the school	5298
district's total student count. The district board of education,	5299
or the district superintendent acting on behalf of the district	5300
board, may agree to pay an amount in excess of six dollars and	5301
fifty cents per student in total student count. If a majority of	5302
the boards of education, or superintendents acting on behalf of	5303
the boards, of the districts that entered into an agreement under	5304
this section approve an amount in excess of six dollars and fifty	5305
cents per student in total student count, each district shall pay	5306
the excess amount to the service center.	5307

(I) For purposes of this section, a school district's "total	5308
student count" means the average daily student enrollment reported	5309
on the most recent report card issued for the district pursuant to	5310
section 3302.03 of the Revised Code.	5311

Sec. 3313.90. As used in this section, "formula ADM" has the	5312
same meaning as in section 3317.02 of the Revised Code.	5313
Notwithstanding division (D) of section 3311.19 and division (D)	5314
of section 3311.52 of the Revised Code, the provisions of this	5315
section that apply to a city school district do not apply to any	5316
joint vocational or cooperative education school district.	5317

(A) ~~Each~~Except as provided in division (B) of this section,	5318
each city, local, and exempted village school district shall, by	5319
one of the following means, provide ~~vocational~~to students	5320
enrolled in grades seven through twelve career-technical education	5321
adequate to prepare a ~~pupil~~student enrolled therein for an	5322
occupation:	5323

(1) Establishing and maintaining a ~~vocational~~	5324
career-technical education program that meets standards adopted by	5325
the state board of education;	5326

(2) Being a member of a joint vocational school district that	5327
meets standards adopted by the state board;	5328

(3) Contracting for ~~vocational~~career-technical education	5329
with a joint vocational school district or another school district	5330
that meets the standards adopted by the state board.	5331

The standards of the state board of education shall include	5332
criteria for the participation by nonpublic students in ~~vocational~~	5333
career-technical education programs without financial assessment,	5334
charge, or tuition to such student except such assessments,	5335
charges, or tuition paid by resident public school students in	5336
such programs. Such nonpublic school students shall be included in	5337
the formula ADM of the school district maintaining the ~~vocational~~	5338
career-technical education program as part-time students in	5339
proportion to the time spent in the ~~vocational~~career-technical	5340
education program.	5341

By the thirtieth day of October of each year, the	5342
superintendent of public instruction shall determine and certify	5343
to the superintendent of each school district subject to this	5344
section either that the district is in compliance with the	5345
requirements of this section for the current school year or that	5346
the district is not in compliance. If the superintendent certifies	5347
that the district is not in compliance, he shall notify the board	5348
of education of the district of the actions necessary to bring the	5349
district into compliance with this section.	5350

In meeting standards established by the state board of	5351
education, school districts, where practicable, shall provide	5352
~~vocational~~career-technical education programs in high schools. A	5353
minimum enrollment of fifteen hundred ~~pupils~~students in grades	5354
nine through twelve is established as a base for comprehensive	5355
~~vocational~~career-technical education course offerings. Beginning	5356
with the 2015-2016 school year, this base shall increase to a	5357
minimum enrollment of two thousand two hundred fifty students in	5358
grades seven through twelve. A school district may meet this	5359
requirement alone, through a cooperative arrangement pursuant to	5360
section 3313.92 of the Revised Code, through school district	5361
consolidation, by membership in a joint vocational school	5362
district, by contract with a school district, by contract with a	5363
school licensed by any state agency established by the Revised	5364
Code which school operates its courses offered for contracting	5365
with public schools under standards as to staffing and facilities	5366
comparable to those prescribed by the state board of education for	5367
public schools provided no instructor in such courses shall be	5368
required to be certificated by the state department of education,	5369
or in a combination of such ways. Exceptions to the minimum	5370
~~requirement of fifteen hundred pupils~~enrollment prescribed by	5371
this section may be made by the state board of education based on	5372
sparsity of population or other factors indicating that	5373
comprehensive educational and ~~vocational~~career-technical	5374
education programs as required by this section can be provided	5375
through an alternate plan.	5376

(B) ~~Approval of state funds for the construction and~~	5377
~~operation of vocational facilities in any city, local, or exempted~~	5378
~~village school district shall be contingent upon a comprehensive~~	5379
~~vocational program plan approved by the state board of education~~	5380
~~no later than July 1, 1970. The state board of education shall not~~	5381
~~approve a school district plan unless the plan proposed reasonably~~	5382
~~meets the vocational needs of other school districts in the~~	5383
~~general area of the school districts in the general area of the~~	5384
~~school district submitting the plan. The plan shall be submitted~~	5385
~~to the state board of education no later than April 1, 1970. Such~~	5386
~~plan shall contain:~~	5387

~~(1) The organization for vocational education pursuant to the~~	5388
~~requirements of this section;~~	5389

~~(2) Vocational programs to be offered in the respective~~	5390
~~comprehensive high schools, in specialized schools or skill~~	5391
~~centers, and in joint vocational schools;~~	5392

~~(3) Remodeled, additional, and new vocational facilities~~	5393
~~required at the respective locations.~~	5394

~~In approving the organization for vocational education the~~	5395
~~state board of education shall provide that no city, local, or~~	5396
~~exempted village school district is excluded in the statewide plan~~	5397
If the board of education of a city, local, or exempted village	5398
school district adopts a resolution that specifies the district's	5399
intent not to provide career-technical education to students	5400
enrolled in grades seven and eight for a particular school year	5401
and submits that resolution to the department by the thirtieth day	5402
of September of that school year, the department shall waive the	5403
requirement for that district to provide career-technical	5404
education to students enrolled in grades seven and eight for that	5405
particular school year.	5406

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

5407

(1) "Sponsor" means the board of education of a school	5408
district or the governing board of an educational service center	5409
that agrees to the conversion of all or part of a school or	5410
building under division (B) of this section, or an entity listed	5411
in division (C)(1) of this section, which either has been approved	5412
by the department of education to sponsor community schools or is	5413
exempted by section 3314.021 or 3314.027 of the Revised Code from	5414
obtaining approval, and with which the governing authority of a	5415
community school enters into a contract under section 3314.03 of	5416
the Revised Code.	5417

(2) "Pilot project area" means the school districts included	5418
in the territory of the former community school pilot project	5419
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	5420
the 122nd general assembly.	5421

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

5422

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

5423

(b) A school district that meets one of the following	5424
conditions:	5425

(i) On March 22, 2013, the district was in a state of	5426
academic emergency or in a state of academic watch under section	5427
3302.03 of the Revised Code, as that section existed prior to	5428
March 22, 2013;	5429

(ii) For two of the 2012-2013, 2013-2014, and 2014-2015	5430
school years, the district received a grade of "D" or "F" for the	5431
performance index score and a grade of "F" for the value-added	5432
progress dimension under section 3302.03 of the Revised Code;	5433

(iii) For the 2015-2016 school year and for any school year	5434
thereafter, the district has received an overall grade of "D" or	5435
"F" under division (C)(3) of section 3302.03 of the Revised Code,	5436
or, for at least two of the three most recent school years, the	5437
district received a grade of "F" for the value-added progress	5438
dimension under division (C)(1)(e) of that section.	5439

5440

(d) A school district ranked in the lowest five per cent of	5441
school districts according to performance index score under	5442
section 3302.21 of the Revised Code.	5443

(4) "Big eight school district" means a school district that	5444
for fiscal year 1997 had both of the following:	5445

(a) A percentage of children residing in the district and	5446
participating in the predecessor of Ohio works first greater than	5447
thirty per cent, as reported pursuant to section 3317.10 of the	5448
Revised Code;	5449

(b) An average daily membership greater than twelve thousand,	5450
as reported pursuant to former division (A) of section 3317.03 of	5451
the Revised Code.	5452

(5) "New start-up school" means a community school other than	5453
one created by converting all or part of an existing public school	5454
or educational service center building, as designated in the	5455
school's contract pursuant to division (A)(17) of section 3314.03	5456
of the Revised Code.	5457

(6) "Urban school district" means one of the state's	5458
twenty-one urban school districts as defined in division (O) of	5459
section 3317.02 of the Revised Code as that section existed prior	5460
to July 1, 1998.	5461

(7) "Internet- or computer-based community school" means a	5462
community school established under this chapter in which the	5463
enrolled students work primarily from their residences on	5464
assignments in nonclassroom-based learning opportunities provided	5465
via an internet- or other computer-based instructional method that	5466
does not rely on regular classroom instruction or via	5467
comprehensive instructional methods that include internet-based,	5468
other computer-based, and noncomputer-based learning	5469
opportunities.	5470

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

5471

(a) An individual or organization that manages the daily	5472
operations of a community school pursuant to a contract between	5473
the operator and the school's governing authority;	5474

(b) A nonprofit organization that provides programmatic	5475
oversight and support to a community school under a contract with	5476
the school's governing authority and that retains the right to	5477
terminate its affiliation with the school if the school fails to	5478
meet the organization's quality standards.	5479

(B) Any person or group of individuals may initially propose	5480
under this division the conversion of all or a portion of a public	5481
school or a building operated by an educational service center to	5482
a community school. The proposal shall be made to the board of	5483
education of the city, local, exempted village, or joint	5484
vocational school district in which the public school is proposed	5485
to be converted or, in the case of the conversion of a building	5486
operated by an educational service center, to the governing board	5487
of the service center. Upon receipt of a proposal, a board may	5488
enter into a preliminary agreement with the person or group	5489
proposing the conversion of the public school or service center	5490
building, indicating the intention of the board to support the	5491
conversion to a community school. However, if the school proposed	5492
to be converted is located in an alliance municipal school	5493
district, as defined in section 3311.86 of the Revised Code, the	5494
district board or governing board of the service center shall	5495
comply with divisions (D) and (E) of that section before entering	5496
into a preliminary agreement under division (B) of this section. A	5497
proposing person or group that has a preliminary agreement under	5498
this division may proceed to finalize plans for the school,	5499
establish a governing authority for the school, and negotiate a	5500
contract with the board. Provided the proposing person or group	5501
adheres to the preliminary agreement and all provisions of this	5502
chapter, the board shall negotiate in good faith to enter into a	5503
contract in accordance with section 3314.03 of the Revised Code	5504
and division (C) of this section.	5505

(C)(1) Any person or group of individuals may propose under	5506
this division the establishment of a new start-up school to be	5507
located in a challenged school district. The proposal may be made	5508
to any of the following entities:	5509

(a) The board of education of the district in which the	5510
school is proposed to be located;	5511

(b) The board of education of any joint vocational school	5512
district with territory in the county in which is located the	5513
majority of the territory of the district in which the school is	5514
proposed to be located;	5515

(c) The board of education of any other city, local, or	5516
exempted village school district having territory in the same	5517
county where the district in which the school is proposed to be	5518
located has the major portion of its territory;	5519

(d) The governing board of any educational service center, as	5520
long as the proposed school will be located in a county within the	5521
territory of the service center or in a county contiguous to such	5522
county. However, the governing board of an educational service	5523
center may sponsor a new start-up school in any challenged school	5524
district in the state if all of the following are satisfied:	5525

(i) If applicable, it satisfies the requirements of division	5526
(E) of section 3311.86 of the Revised Code;	5527

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

5528

(iii) It enters into an agreement with the department under	5529
section 3314.015 of the Revised Code.	5530

(e) A sponsoring authority designated by the board of	5531
trustees of any of the thirteen state universities listed in	5532
section 3345.011 of the Revised Code or the board of trustees	5533
itself as long as a mission of the proposed school to be specified	5534
in the contract under division (A)(2) of section 3314.03 of the	5535
Revised Code and as approved by the department under division	5536
(B)(2) of section 3314.015 of the Revised Code will be the	5537
practical demonstration of teaching methods, educational	5538
technology, or other teaching practices that are included in the	5539
curriculum of the university's teacher preparation program	5540
approved by the state board of education;	5541

(f) Any qualified tax-exempt entity under section 501(c)(3)	5542
of the Internal Revenue Code as long as all of the following	5543
conditions are satisfied:	5544

(i) The entity has been in operation for at least five years	5545
prior to applying to be a community school sponsor.	5546

(ii) The entity has assets of at least five hundred thousand	5547
dollars and a demonstrated record of financial responsibility.	5548

(iii) The department has determined that the entity is an	5549
education-oriented entity under division (B)(3) of section	5550
3314.015 of the Revised Code and the entity has a demonstrated	5551
record of successful implementation of educational programs.	5552

(iv) The entity is not a community school.

5553

(g) The mayor of a city in which the majority of the	5554
territory of a school district to which section 3311.60 of the	5555
Revised Code applies is located, regardless of whether that	5556
district has created the position of independent auditor as	5557
prescribed by that section. The mayor's sponsorship authority	5558
under this division is limited to community schools that are	5559
located in that school district. Such mayor may sponsor community	5560
schools only with the approval of the city council of that city,	5561
after establishing standards with which community schools	5562
sponsored by the mayor must comply, and after entering into a	5563
sponsor agreement with the department as prescribed under section	5564
3314.015 of the Revised Code. The mayor shall establish the	5565
standards for community schools sponsored by the mayor not later	5566
than one hundred eighty days after ~~the effective date of this~~	5567
~~amendment~~July 15, 2013, and shall submit them to the department	5568
upon their establishment. The department shall approve the mayor	5569
to sponsor community schools in the district, upon receipt of an	5570
application by the mayor to do so. Not later than ninety days	5571
after the department's approval of the mayor as a community school	5572
sponsor, the department shall enter into the sponsor agreement	5573
with the mayor.	5574

Any entity described in division (C)(1) of this section may	5575
enter into a preliminary agreement pursuant to division (C)(2) of	5576
this section with the proposing person or group.	5577

(2) A preliminary agreement indicates the intention of an	5578
entity described in division (C)(1) of this section to sponsor the	5579
community school. A proposing person or group that has such a	5580
preliminary agreement may proceed to finalize plans for the	5581
school, establish a governing authority as described in division	5582
(E) of this section for the school, and negotiate a contract with	5583
the entity. Provided the proposing person or group adheres to the	5584
preliminary agreement and all provisions of this chapter, the	5585
entity shall negotiate in good faith to enter into a contract in	5586
accordance with section 3314.03 of the Revised Code.	5587

(3) A new start-up school that is established in a school	5588
district described in either division (A)(3)(b) or (d) of this	5589
section may continue in existence once the school district no	5590
longer meets the conditions described in either division, provided	5591
there is a valid contract between the school and a sponsor.	5592

(4) A copy of every preliminary agreement entered into under	5593
this division shall be filed with the superintendent of public	5594
instruction.	5595

(D) A majority vote of the board of a sponsoring entity and a	5596
majority vote of the members of the governing authority of a	5597
community school shall be required to adopt a contract and convert	5598
the public school or educational service center building to a	5599
community school or establish the new start-up school. Beginning	5600
September 29, 2005, adoption of the contract shall occur not later	5601
than the fifteenth day of March, and signing of the contract shall	5602
occur not later than the fifteenth day of May, prior to the school	5603
year in which the school will open. The governing authority shall	5604
notify the department of education when the contract has been	5605
signed. Subject to sections 3314.013 and 3314.016 of the Revised	5606
Code, an unlimited number of community schools may be established	5607
in any school district provided that a contract is entered into	5608
for each community school pursuant to this chapter.	5609

(E)(1) As used in this division, "immediate relatives" are	5610
limited to spouses, children, parents, grandparents, siblings, and	5611
in-laws.	5612

Each new start-up community school established under this	5613
chapter shall be under the direction of a governing authority	5614
which shall consist of a board of not less than five individuals.	5615

No person shall serve on the governing authority or operate	5616
the community school under contract with the governing authority	5617
so long as the person owes the state any money or is in a dispute	5618
over whether the person owes the state any money concerning the	5619
operation of a community school that has closed.	5620

(2) No person shall serve on the governing authorities of	5621
more than five start-up community schools at the same time.	5622

(3) No present or former member, or immediate relative of a	5623
present or former member, of the governing authority of any	5624
community school established under this chapter shall be an owner,	5625
employee, or consultant of any sponsor or operator of a community	5626
school, unless at least one year has elapsed since the conclusion	5627
of the person's membership.	5628

(4) The governing authority of a start-up community school	5629
may provide by resolution for the compensation of its members.	5630
However, no individual who serves on the governing authority of a	5631
start-up community school shall be compensated more than four	5632
hundred twenty-five dollars per meeting of that governing	5633
authority and no such individual shall be compensated more than a	5634
total amount of five thousand dollars per year for all governing	5635
authorities upon which the individual serves.	5636

(F)(1) A new start-up school that is established prior to	5637
August 15, 2003, in an urban school district that is not also a	5638
big-eight school district may continue to operate after that date	5639
and the contract between the school's governing authority and the	5640
school's sponsor may be renewed, as provided under this chapter,	5641
after that date, but no additional new start-up schools may be	5642
established in such a district unless the district is a challenged	5643
school district as defined in this section as it exists on and	5644
after that date.	5645

(2) A community school that was established prior to June 29,	5646
1999, and is located in a county contiguous to the pilot project	5647
area and in a school district that is not a challenged school	5648
district may continue to operate after that date, provided the	5649
school complies with all provisions of this chapter. The contract	5650
between the school's governing authority and the school's sponsor	5651
may be renewed, but no additional start-up community school may be	5652
established in that district unless the district is a challenged	5653
school district.	5654

(3) Any educational service center that, on June 30, 2007,	5655
sponsors a community school that is not located in a county within	5656
the territory of the service center or in a county contiguous to	5657
such county may continue to sponsor that community school on and	5658
after June 30, 2007, and may renew its contract with the school.	5659
However, the educational service center shall not enter into a	5660
contract with any additional community school, unless the school	5661
is located in a county within the territory of the service center	5662
or in a county contiguous to such county, or unless the governing	5663
board of the service center has entered into an agreement with the	5664
department authorizing the service center to sponsor a community	5665
school in any challenged school district in the state.	5666

Sec. 3314.029. This section establishes the Ohio school	5667
sponsorship program. The department of education shall establish	5668
an office of Ohio school sponsorship to perform the department's	5669
duties prescribed by this section.	5670

(A)(1) Notwithstanding anything to the contrary in this	5671
chapter, any person, group of individuals, or entity may apply to	5672
the department for direct authorization to establish a community	5673
school and, upon approval of the application, may establish the	5674
school. Notwithstanding anything to the contrary in this chapter,	5675
the governing authority of an existing community school, upon the	5676
expiration or termination of its contract with the school's	5677
sponsor entered into under section 3314.03 of the Revised Code,	5678
may apply to the department for direct authorization to continue	5679
operating the school and, upon approval of the application, may	5680
continue to operate the school.	5681

Each application submitted to the department shall include	5682
the following:	5683

(a) Evidence that the applicant will be able to comply with	5684
division (C) of this section;	5685

(b) A statement indicating that the applicant agrees to	5686
comply with all applicable provisions of this chapter, including	5687
the requirement to be established as a nonprofit corporation or	5688
public benefit corporation in accordance with division (A)(1) of	5689
section 3314.03 of the Revised Code;	5690

(c) A statement attesting that no unresolved finding of	5691
recovery has been issued by the auditor of state against any	5692
person, group of individuals, or entity that is a party to the	5693
application and that no person who is party to the application has	5694
been a member of the governing authority of any community school	5695
that has permanently closed and against which an unresolved	5696
finding of recovery has been issued by the auditor of state. In	5697
the case of an application submitted by the governing authority of	5698
an existing community school, a person who is party to the	5699
application shall include each individual member of that governing	5700
authority.	5701

(d) A statement that the school will be nonsectarian in its	5702
programs, admission policies, employment practices, and all other	5703
operations, and will not be operated by a sectarian school or	5704
religious institution;	5705

(e) A statement of whether the school is to be created by	5706
converting all or part of an existing public school or educational	5707
service center building or is to be a new start-up school. If it	5708
is a converted public school or service center building, the	5709
statement shall include a specification of any duties or	5710
responsibilities of an employer that the board of education or	5711
service center governing board that operated the school or	5712
building before conversion is delegating to the governing	5713
authority of the community school with respect to all or any	5714
specified group of employees, provided the delegation is not	5715
prohibited by a collective bargaining agreement applicable to such	5716
employees.	5717

(f) A statement that the school's teachers will be licensed	5718
in the manner prescribed by division (A)(10) of section 3314.03 of	5719
the Revised Code;	5720

(g) A statement that the school will comply with all of the	5721
provisions of law enumerated in divisions (A)(11)(d) and (e) of	5722
section 3314.03 of the Revised Code and of division (A)(11)(h) of	5723
that section, if applicable;	5724

(h) A statement that the school's graduation and curriculum	5725
requirements will comply with division (A)(11)(f) of section	5726
3314.03 of the Revised Code;	5727

(i) A description of each of the following:

5728

(i) The school's mission and educational program, the	5729
characteristics of the students the school is expected to attract,	5730
the ages and grade levels of students, and the focus of the	5731
curriculum;	5732

(ii) The school's governing authority, which shall be in	5733
compliance with division (E) of section 3314.02 of the Revised	5734
Code;	5735

(iii) The school's admission and dismissal policies, which	5736
shall be in compliance with divisions (A)(5) and (6) of section	5737
3314.03 of the Revised Code;	5738

(iv) The school's business plan, including a five-year	5739
financial forecast;	5740

(v) In the case of an application to establish a community	5741
school, the applicant's resources and capacity to establish and	5742
operate the school;	5743

(vi) The school's academic goals to be achieved and the	5744
method of measurement that will be used to determine progress	5745
toward those goals, which shall include the statewide achievement	5746
assessments;	5747

(vii) The facilities to be used by the school and their	5748
locations;	5749

(viii) A description of the learning opportunities that will	5750
be offered to students including both classroom-based and	5751
nonclassroom-based learning opportunities that are in compliance	5752
with criteria for student participation established by the	5753
department under division (H)(2) of section 3314.08 of the Revised	5754
Code.	5755

(2) Subject to ~~division~~divisions (A)(3) and (4) of this	5756
section, the department shall approve each application, unless,	5757
within thirty days after receipt of the application, the	5758
department determines that the application does not satisfy the	5759
requirements of division (A)(1) of this section and provides the	5760
applicant a written explanation of the reasons for the	5761
determination. In that case, the department shall grant the	5762
applicant thirty days to correct the insufficiencies in the	5763
application. If the department determines that the insufficiencies	5764
have been corrected, it shall approve the application. If the	5765
department determines that the insufficiencies have not been	5766
corrected, it shall deny the application and provide the applicant	5767
with a written explanation of the reasons for the denial. The	5768
denial of an application may be appealed in accordance with	5769
section 119.12 of the Revised Code.	5770

(3) For each of five school years, beginning with the school	5771
year that begins in the calendar year in which this section takes	5772
effect, the department may approve up to twenty applications for	5773
community schools to be established or to continue operation under	5774
division (A) of this section; however, of the twenty applications	5775
that may be approved each school year, only up to five may be for	5776
the establishment of new schools.	5777

(4) In addition to the requirements of division (A)(2) of	5778
this section, the department shall not approve the application of	5779
a community school located in, or proposed to be located in, an	5780
alliance municipal school district, as defined in section 3311.86	5781
of the Revised Code, unless the school complies with the rules	5782
adopted by the state board of education under division (A)(4) of	5783
this section.	5784

The state board shall adopt rules in accordance with Chapter	5785
119. of the Revised Code to establish the criteria, procedures,	5786
and deadlines for processing applications for direct authorization	5787
of a community school located in, or proposed to be located in, an	5788
alliance municipal school district. The rules shall require both	5789
of the following:	5790

(a) That the applicant has requested a recommendation under	5791
division (E) of section 3311.86 of the Revised Code;	5792

(b) That the applicant used the criteria established under	5793
division (A)(1) of section 3311.87 of the Revised Code to decide	5794
to sponsor a community school in the district.	5795

(5) Notwithstanding division (A)(2) of this section, the	5796
department may deny an application submitted by the governing	5797
authority of an existing community school, if a previous sponsor	5798
of that school did not renew its contract or terminated its	5799
contract with the school entered into under section 3314.03 of the	5800
Revised Code.	5801

(B) The department and the governing authority of each	5802
community school authorized under this section shall enter into a	5803
contract under section 3314.03 of the Revised Code.	5804
Notwithstanding division (A)(13) of that section, the contract	5805
with an existing community school may begin at any time during the	5806
academic year. The length of the initial contract of any community	5807
school under this section may be for any term up to five years.	5808
The contract may be renewed in accordance with division (E) of	5809
that section. The contract may provide for the school's governing	5810
authority to pay a fee for oversight and monitoring of the school	5811
that does not exceed three per cent of the total amount of	5812
payments for operating expenses that the school receives from the	5813
state.	5814

(C) The department may require a community school authorized	5815
under this section to post and file with the superintendent of	5816
public instruction a bond payable to the state or to file with the	5817
state superintendent a guarantee, which shall be used to pay the	5818
state any moneys owed by the community school in the event the	5819
school closes.	5820

(D) Except as otherwise provided in this section, a community	5821
school authorized under this section shall comply with all	5822
applicable provisions of this chapter. The department may take any	5823
action that a sponsor may take under this chapter to enforce the	5824
school's compliance with this division and the terms of the	5825
contract entered into under division (B) of this section.	5826

(E) Not later than December 31, 2012, and annually	5827
thereafter, the department shall issue a report on the program,	5828
including information about the number of community schools	5829
participating in the program and their compliance with the	5830
provisions of this chapter. In its fifth report, the department	5831
shall include a complete evaluation of the program and	5832
recommendations regarding the program's continuation. Each report	5833
shall be provided to the general assembly, in accordance with	5834
section 101.68 of the Revised Code, and to the governor.	5835

Sec. 3314.03. A copy of every contract entered into under	5836
this section shall be filed with the superintendent of public	5837
instruction. The department of education shall make available on	5838
its web site a copy of every approved, executed contract filed	5839
with the superintendent under this section.	5840

(A) Each contract entered into between a sponsor and the	5841
governing authority of a community school shall specify the	5842
following:	5843

(1) That the school shall be established as either of the	5844
following:	5845

(a) A nonprofit corporation established under Chapter 1702.	5846
of the Revised Code, if established prior to April 8, 2003;	5847

(b) A public benefit corporation established under Chapter	5848
1702. of the Revised Code, if established after April 8, 2003.	5849

(2) The education program of the school, including the	5850
school's mission, the characteristics of the students the school	5851
is expected to attract, the ages and grades of students, and the	5852
focus of the curriculum;	5853

(3) The academic goals to be achieved and the method of	5854
measurement that will be used to determine progress toward those	5855
goals, which shall include the statewide achievement assessments;	5856

(4) Performance standards by which the success of the school	5857
will be evaluated by the sponsor;	5858

(5) The admission standards of section 3314.06 of the Revised	5859
Code and, if applicable, section 3314.061 of the Revised Code;	5860

(6)(a) Dismissal procedures;

5861

(b) A requirement that the governing authority adopt an	5862
attendance policy that includes a procedure for automatically	5863
withdrawing a student from the school if the student without a	5864
legitimate excuse fails to participate in one hundred five	5865
consecutive hours of the learning opportunities offered to the	5866
student.	5867

(7) The ways by which the school will achieve racial and	5868
ethnic balance reflective of the community it serves;	5869

(8) Requirements for financial audits by the auditor of	5870
state. The contract shall require financial records of the school	5871
to be maintained in the same manner as are financial records of	5872
school districts, pursuant to rules of the auditor of state.	5873
Audits shall be conducted in accordance with section 117.10 of the	5874
Revised Code.	5875

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

5876

(10) Qualifications of teachers, including a requirement that	5877
the school's classroom teachers be licensed in accordance with	5878
sections 3319.22 to 3319.31 of the Revised Code, except that a	5879
community school may engage noncertificated persons to teach up to	5880
twelve hours per week pursuant to section 3319.301 of the Revised	5881
Code.	5882

(11) That the school will comply with the following	5883
requirements:	5884

(a) The school will provide learning opportunities to a	5885
minimum of twenty-five students for a minimum of nine hundred	5886
twenty hours per school year.	5887

(b) The governing authority will purchase liability	5888
insurance, or otherwise provide for the potential liability of the	5889
school.	5890

(c) The school will be nonsectarian in its programs,	5891
admission policies, employment practices, and all other	5892
operations, and will not be operated by a sectarian school or	5893
religious institution.	5894

(d) The school will comply with sections 9.90, 9.91, 109.65,	5895
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	5896
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	5897
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6015,	5898
3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661,	5899
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672,	5900
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,	5901
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,	5902
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	5903
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	5904
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	5905
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it	5906
were a school district and will comply with section 3301.0714 of	5907
the Revised Code in the manner specified in section 3314.17 of the	5908
Revised Code.	5909

(e) The school shall comply with Chapter 102. and section	5910
2921.42 of the Revised Code.	5911

(f) The school will comply with sections 3313.61, 3313.611,	5912
and 3313.614 of the Revised Code, except that for students who	5913
enter ninth grade for the first time before July 1, 2010, the	5914
requirement in sections 3313.61 and 3313.611 of the Revised Code	5915
that a person must successfully complete the curriculum in any	5916
high school prior to receiving a high school diploma may be met by	5917
completing the curriculum adopted by the governing authority of	5918
the community school rather than the curriculum specified in Title	5919
XXXIII of the Revised Code or any rules of the state board of	5920
education. Beginning with students who enter ninth grade for the	5921
first time on or after July 1, 2010, the requirement in sections	5922
3313.61 and 3313.611 of the Revised Code that a person must	5923
successfully complete the curriculum of a high school prior to	5924
receiving a high school diploma shall be met by completing the	5925
~~Ohio core curriculum~~requirements prescribed in division (C) of	5926
section 3313.603 of the Revised Code, unless the person qualifies	5927
under division (D) or (F) of that section. Each school shall	5928
comply with the plan for awarding high school credit based on	5929
demonstration of subject area competency, adopted by the state	5930
board of education under division (J) of section 3313.603 of the	5931
Revised Code.	5932

(g) The school governing authority will submit within four	5933
months after the end of each school year a report of its	5934
activities and progress in meeting the goals and standards of	5935
divisions (A)(3) and (4) of this section and its financial status	5936
to the sponsor and the parents of all students enrolled in the	5937
school.	5938

(h) The school, unless it is an internet- or computer-based	5939
community school, will comply with section 3313.801 of the Revised	5940
Code as if it were a school district.	5941

(i) If the school is the recipient of moneys from a grant	5942
awarded under the federal race to the top program, Division (A),	5943
Title XIV, Sections 14005 and 14006 of the "American Recovery and	5944
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	5945
school will pay teachers based upon performance in accordance with	5946
section 3317.141 and will comply with section 3319.111 of the	5947
Revised Code as if it were a school district.	5948

(12) Arrangements for providing health and other benefits to	5949
employees;	5950

(13) The length of the contract, which shall begin at the	5951
beginning of an academic year. No contract shall exceed five years	5952
unless such contract has been renewed pursuant to division (E) of	5953
this section.	5954

(14) The governing authority of the school, which shall be	5955
responsible for carrying out the provisions of the contract;	5956

(15) A financial plan detailing an estimated school budget	5957
for each year of the period of the contract and specifying the	5958
total estimated per pupil expenditure amount for each such year.	5959

(16) Requirements and procedures regarding the disposition of	5960
employees of the school in the event the contract is terminated or	5961
not renewed pursuant to section 3314.07 of the Revised Code;	5962

(17) Whether the school is to be created by converting all or	5963
part of an existing public school or educational service center	5964
building or is to be a new start-up school, and if it is a	5965
converted public school or service center building, specification	5966
of any duties or responsibilities of an employer that the board of	5967
education or service center governing board that operated the	5968
school or building before conversion is delegating to the	5969
governing authority of the community school with respect to all or	5970
any specified group of employees provided the delegation is not	5971
prohibited by a collective bargaining agreement applicable to such	5972
employees;	5973

(18) Provisions establishing procedures for resolving	5974
disputes or differences of opinion between the sponsor and the	5975
governing authority of the community school;	5976

(19) A provision requiring the governing authority to adopt a	5977
policy regarding the admission of students who reside outside the	5978
district in which the school is located. That policy shall comply	5979
with the admissions procedures specified in sections 3314.06 and	5980
3314.061 of the Revised Code and, at the sole discretion of the	5981
authority, shall do one of the following:	5982

(a) Prohibit the enrollment of students who reside outside	5983
the district in which the school is located;	5984

(b) Permit the enrollment of students who reside in districts	5985
adjacent to the district in which the school is located;	5986

(c) Permit the enrollment of students who reside in any other	5987
district in the state.	5988

(20) A provision recognizing the authority of the department	5989
of education to take over the sponsorship of the school in	5990
accordance with the provisions of division (C) of section 3314.015	5991
of the Revised Code;	5992

(21) A provision recognizing the sponsor's authority to	5993
assume the operation of a school under the conditions specified in	5994
division (B) of section 3314.073 of the Revised Code;	5995

(22) A provision recognizing both of the following:

5996

(a) The authority of public health and safety officials to	5997
inspect the facilities of the school and to order the facilities	5998
closed if those officials find that the facilities are not in	5999
compliance with health and safety laws and regulations;	6000

(b) The authority of the department of education as the	6001
community school oversight body to suspend the operation of the	6002
school under section 3314.072 of the Revised Code if the	6003
department has evidence of conditions or violations of law at the	6004
school that pose an imminent danger to the health and safety of	6005
the school's students and employees and the sponsor refuses to	6006
take such action.	6007

(23) A description of the learning opportunities that will be	6008
offered to students including both classroom-based and	6009
non-classroom-based learning opportunities that is in compliance	6010
with criteria for student participation established by the	6011
department under division (H)(2) of section 3314.08 of the Revised	6012
Code;	6013

(24) The school will comply with sections 3302.04 and	6014
3302.041 of the Revised Code, except that any action required to	6015
be taken by a school district pursuant to those sections shall be	6016
taken by the sponsor of the school. However, the sponsor shall not	6017
be required to take any action described in division (F) of	6018
section 3302.04 of the Revised Code.	6019

(25) Beginning in the 2006-2007 school year, the school will	6020
open for operation not later than the thirtieth day of September	6021
each school year, unless the mission of the school as specified	6022
under division (A)(2) of this section is solely to serve dropouts.	6023
In its initial year of operation, if the school fails to open by	6024
the thirtieth day of September, or within one year after the	6025
adoption of the contract pursuant to division (D) of section	6026
3314.02 of the Revised Code if the mission of the school is solely	6027
to serve dropouts, the contract shall be void.	6028

(B) The community school shall also submit to the sponsor a	6029
comprehensive plan for the school. The plan shall specify the	6030
following:	6031

(1) The process by which the governing authority of the	6032
school will be selected in the future;	6033

(2) The management and administration of the school;

6034

(3) If the community school is a currently existing public	6035
school or educational service center building, alternative	6036
arrangements for current public school students who choose not to	6037
attend the converted school and for teachers who choose not to	6038
teach in the school or building after conversion;	6039

(4) The instructional program and educational philosophy of	6040
the school;	6041

(5) Internal financial controls.

6042

(C) A contract entered into under section 3314.02 of the	6043
Revised Code between a sponsor and the governing authority of a	6044
community school may provide for the community school governing	6045
authority to make payments to the sponsor, which is hereby	6046
authorized to receive such payments as set forth in the contract	6047
between the governing authority and the sponsor. The total amount	6048
of such payments for oversight and monitoring of the school shall	6049
not exceed three per cent of the total amount of payments for	6050
operating expenses that the school receives from the state.	6051

(D) The contract shall specify the duties of the sponsor	6052
which shall be in accordance with the written agreement entered	6053
into with the department of education under division (B) of	6054
section 3314.015 of the Revised Code and shall include the	6055
following:	6056

(1) Monitor the community school's compliance with all laws	6057
applicable to the school and with the terms of the contract;	6058

(2) Monitor and evaluate the academic and fiscal performance	6059
and the organization and operation of the community school on at	6060
least an annual basis;	6061

(3) Report on an annual basis the results of the evaluation	6062
conducted under division (D)(2) of this section to the department	6063
of education and to the parents of students enrolled in the	6064
community school;	6065

(4) Provide technical assistance to the community school in	6066
complying with laws applicable to the school and terms of the	6067
contract;	6068

(5) Take steps to intervene in the school's operation to	6069
correct problems in the school's overall performance, declare the	6070
school to be on probationary status pursuant to section 3314.073	6071
of the Revised Code, suspend the operation of the school pursuant	6072
to section 3314.072 of the Revised Code, or terminate the contract	6073
of the school pursuant to section 3314.07 of the Revised Code as	6074
determined necessary by the sponsor;	6075

(6) Have in place a plan of action to be undertaken in the	6076
event the community school experiences financial difficulties or	6077
closes prior to the end of a school year.	6078

(E) Upon the expiration of a contract entered into under this	6079
section, the sponsor of a community school may, with the approval	6080
of the governing authority of the school, renew that contract for	6081
a period of time determined by the sponsor, but not ending earlier	6082
than the end of any school year, if the sponsor finds that the	6083
school's compliance with applicable laws and terms of the contract	6084
and the school's progress in meeting the academic goals prescribed	6085
in the contract have been satisfactory. Any contract that is	6086
renewed under this division remains subject to the provisions of	6087
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	6088

(F) If a community school fails to open for operation within	6089
one year after the contract entered into under this section is	6090
adopted pursuant to division (D) of section 3314.02 of the Revised	6091
Code or permanently closes prior to the expiration of the	6092
contract, the contract shall be void and the school shall not	6093
enter into a contract with any other sponsor. A school shall not	6094
be considered permanently closed because the operations of the	6095
school have been suspended pursuant to section 3314.072 of the	6096
Revised Code.	6097

Sec. 3314.08. (A) As used in this section:

6098

(1)(a) "Category one career-technical education student"	6099
means a student who is receiving the career-technical education	6100
services described in division (A) of section 3317.014 of the	6101
Revised Code.	6102

(b) "Category two career-technical student" means a student	6103
who is receiving the career-technical education services described	6104
in division (B) of section 3317.014 of the Revised Code.	6105

(c) "Category three career-technical student" means a student	6106
who is receiving the career-technical education services described	6107
in division (C) of section 3317.014 of the Revised Code.	6108

(d) "Category four career-technical student" means a student	6109
who is receiving the career-technical education services described	6110
in division (D) of section 3317.014 of the Revised Code.	6111

(e) "Category five career-technical education student" means	6112
a student who is receiving the career-technical education services	6113
described in division (E) of section 3317.014 of the Revised Code.	6114

(2)(a) "Category one limited English proficient student"	6115
means a limited English proficient student described in division	6116
(A) of section 3317.016 of the Revised Code.	6117

(b) "Category two limited English proficient student" means a	6118
limited English proficient student described in division (B) of	6119
section 3317.016 of the Revised Code.	6120

(c) "Category three limited English proficient student" means	6121
a limited English proficient student described in division (C) of	6122
section 3317.016 of the Revised Code.	6123

(3)(a) "Category one special education student" means a	6124
student who is receiving special education services for a	6125
disability specified in division (A) of section 3317.013 of the	6126
Revised Code.	6127

(b) "Category two special education student" means a student	6128
who is receiving special education services for a disability	6129
specified in division (B) of section 3317.013 of the Revised Code.	6130

(c) "Category three special education student" means a	6131
student who is receiving special education services for a	6132
disability specified in division (C) of section 3317.013 of the	6133
Revised Code.	6134

(d) "Category four special education student" means a student	6135
who is receiving special education services for a disability	6136
specified in division (D) of section 3317.013 of the Revised Code.	6137

(e) "Category five special education student" means a student	6138
who is receiving special education services for a disability	6139
specified in division (E) of section 3317.013 of the Revised Code.	6140

(f) "Category six special education student" means a student	6141
who is receiving special education services for a disability	6142
specified in division (F) of section 3317.013 of the Revised Code.	6143

(4) "Formula amount" has the same meaning as in section	6144
3317.02 of the Revised Code.	6145

(5) "IEP" has the same meaning as in section 3323.01 of the	6146
Revised Code.	6147

(6) "Resident district" means the school district in which a	6148
student is entitled to attend school under section 3313.64 or	6149
3313.65 of the Revised Code.	6150

(7) "State education aid" has the same meaning as in section	6151
5751.20 of the Revised Code.	6152

(B) The state board of education shall adopt rules requiring	6153
both of the following:	6154

(1) The board of education of each city, exempted village,	6155
and local school district to annually report the number of	6156
students entitled to attend school in the district who are	6157
enrolled in each grade kindergarten through twelve in a community	6158
school established under this chapter, and for each child, the	6159
community school in which the child is enrolled.	6160

(2) The governing authority of each community school	6161
established under this chapter to annually report all of the	6162
following:	6163

(a) The number of students enrolled in grades one through	6164
twelve and the full-time equivalent number of students enrolled in	6165
kindergarten in the school who are not receiving special education	6166
and related services pursuant to an IEP;	6167

(b) The number of enrolled students in grades one through	6168
twelve and the full-time equivalent number of enrolled students in	6169
kindergarten, who are receiving special education and related	6170
services pursuant to an IEP;	6171

(c) The number of students reported under division (B)(2)(b)	6172
of this section receiving special education and related services	6173
pursuant to an IEP for a disability described in each of divisions	6174
(A) to (F) of section 3317.013 of the Revised Code;	6175

(d) The full-time equivalent number of students reported	6176
under divisions (B)(2)(a) and (b) of this section who are enrolled	6177
in career-technical education programs or classes described in	6178
each of divisions (A) to (E) of section 3317.014 of the Revised	6179
Code that are provided by the community school;	6180

(e) Twenty per cent of the number of students reported under	6181
divisions (B)(2)(a) and (b) of this section who are not reported	6182
under division (B)(2)(d) of this section but who are enrolled in	6183
career-technical education programs or classes described in each	6184
of divisions (A) to (E) of section 3317.014 of the Revised Code at	6185
a joint vocational school district or another district in the	6186
career-technical planning district to which the school is	6187
assigned;	6188

(f) The number of students reported under divisions (B)(2)(a)	6189
and (b) of this section who are category one to three limited	6190
English proficient students described in each of divisions (A) to	6191
(C) of section 3317.016 of the Revised Code;	6192

(g) The number of students reported under divisions (B)(2)(a)	6193
and (b) who are economically disadvantaged, as defined by the	6194
department. A student shall not be categorically excluded from the	6195
number reported under division (B)(2)(g) of this section based on	6196
anything other than family income.	6197

(h) For each student, the city, exempted village, or local	6198
school district in which the student is entitled to attend school	6199
under section 3313.64 or 3313.65 of the Revised Code.	6200

A school district board and a community school governing	6201
authority shall include in their respective reports under division	6202
(B) of this section any child admitted in accordance with division	6203
(A)(2) of section 3321.01 of the Revised Code.	6204

A governing authority of a community school shall not include	6205
in its report under division (B)(2) of this section any student	6206
for whom tuition is charged under division (F) of this section.	6207

(C)(1) Except as provided in division (C)(2) of this section,	6208
and subject to divisions (C)(3), (4), (5), (6), and (7) of this	6209
section, on a full-time equivalency basis, for each student	6210
enrolled in a community school established under this chapter, the	6211
department of education annually shall deduct from the state	6212
education aid of a student's resident district and, if necessary,	6213
from the payment made to the district under sections 321.24 and	6214
323.156 of the Revised Code and pay to the community school the	6215
sum of the following:	6216

(a) An opportunity grant in an amount equal to the formula	6217
amount;	6218

(b) The per pupil amount of targeted assistance funds	6219
calculated under division (A) of section 3317.0217 of the Revised	6220
Code for the student's resident district, as determined by the	6221
department, X 0.25;	6222

(c) Additional state aid for special education and related	6223
services provided under Chapter 3323. of the Revised Code as	6224
follows:	6225

(i) If the student is a category one special education	6226
student, the amount specified in division (A) of section 3317.013	6227
of the Revised Code;	6228

(ii) If the student is a category two special education	6229
student, the amount specified in division (B) of section 3317.013	6230
of the Revised Code;	6231

(iii) If the student is a category three special education	6232
student, the amount specified in division (C) of section 3317.013	6233
of the Revised Code;	6234

(iv) If the student is a category four special education	6235
student, the amount specified in division (D) of section 3317.013	6236
of the Revised Code;	6237

(v) If the student is a category five special education	6238
student, the amount specified in division (E) of section 3317.013	6239
of the Revised Code;	6240

(vi) If the student is a category six special education	6241
student, the amount specified in division (F) of section 3317.013	6242
of the Revised Code.	6243

(d) If the student is in kindergarten through third grade, an	6244
additional amount of $211, in fiscal year 2014, and $290, in	6245
fiscal year 2015;	6246

(e) If the student is economically disadvantaged, an	6247
additional amount equal to the following:	6248

($269, in fiscal year 2014, or $272, in fiscal year 2015) X	6249
(the resident district's economically disadvantaged index)	6250

(f) Limited English proficiency funds as follows:

6251

(i) If the student is a category one limited English	6252
proficient student, the amount specified in division (A) of	6253
section 3317.016 of the Revised Code;	6254

(ii) If the student is a category two limited English	6255
proficient student, the amount specified in division (B) of	6256
section 3317.016 of the Revised Code;	6257

(iii) If the student is a category three limited English	6258
proficient student, the amount specified in division (C) of	6259
section 3317.016 of the Revised Code.	6260

(g) Career-technical education funds as follows:

6261

(i) If the student is a category one career-technical	6262
education student, the amount specified in division (A) of section	6263
3317.014 of the Revised Code;	6264

(ii) If the student is a category two career-technical	6265
education student, the amount specified in division (B) of section	6266
3317.014 of the Revised Code;	6267

(iii) If the student is a category three career-technical	6268
education student, the amount specified in division (C) of section	6269
3317.014 of the Revised Code;	6270

(iv) If the student is a category four career-technical	6271
education student, the amount specified in division (D) of section	6272
3317.014 of the Revised Code;	6273

(v) If the student is a category five career-technical	6274
education student, the amount specified in division (E) of section	6275
3317.014 of the Revised Code.	6276

Deduction and payment of funds under division (C)(1)(g) of	6277
this section is subject to approval by the lead district of a	6278
career-technical planning district or the department of education	6279
under section 3317.161 of the Revised Code.	6280

(2) When deducting from the state education aid of a	6281
student's resident district for students enrolled in an internet-	6282
or computer-based community school and making payments to such	6283
school under this section, the department shall make the	6284
deductions and payments described in only divisions (C)(1)(a),	6285
(c), and (g) of this section.	6286

No deductions or payments shall be made for a student	6287
enrolled in such school under division (C)(1)(b), (d), (e), or (f)	6288
of this section.	6289

(3)(a) If a community school's costs for a fiscal year for a	6290
student receiving special education and related services pursuant	6291
to an IEP for a disability described in divisions (B) to (F) of	6292
section 3317.013 of the Revised Code exceed the threshold	6293
catastrophic cost for serving the student as specified in division	6294
(B) of section 3317.0214 of the Revised Code, the school may	6295
submit to the superintendent of public instruction documentation,	6296
as prescribed by the superintendent, of all its costs for that	6297
student. Upon submission of documentation for a student of the	6298
type and in the manner prescribed, the department shall pay to the	6299
community school an amount equal to the school's costs for the	6300
student in excess of the threshold catastrophic costs.	6301

(b) The community school shall report under division	6302
(C)(3)(a) of this section, and the department shall pay for, only	6303
the costs of educational expenses and the related services	6304
provided to the student in accordance with the student's	6305
individualized education program. Any legal fees, court costs, or	6306
other costs associated with any cause of action relating to the	6307
student may not be included in the amount.	6308

(4) In any fiscal year, a community school receiving funds	6309
under division (C)(1)(g) of this section shall spend those funds	6310
only for the purposes that the department designates as approved	6311
for career-technical education expenses. Career-technical	6312
~~educational~~education expenses approved by the department shall	6313
include only expenses connected to the delivery of	6314
career-technical programming to career-technical students. The	6315
department shall require the school to report data annually so	6316
that the department may monitor the school's compliance with the	6317
requirements regarding the manner in which funding received under	6318
division (C)(1)(g) of this section may be spent.	6319

(5) All funds received under division (C)(1)(g) of this	6320
section shall be spent in the following manner:	6321

(a) At least seventy-five per cent of the funds shall be	6322
spent on curriculum development, purchase, and implementation;	6323
instructional resources and supplies; industry-based program	6324
certification; student assessment, credentialing, and placement;	6325
curriculum specific equipment purchases and leases;	6326
career-technical student organization fees and expenses; home and	6327
agency linkages; work-based learning experiences; professional	6328
development; and other costs directly associated with	6329
career-technical education programs including development of new	6330
programs.	6331

(b) Not more than twenty-five per cent of the funds shall be	6332
used for personnel expenditures.	6333

(6) A community school shall spend the funds it receives	6334
under division (C)(1)(e) of this section in accordance with	6335
section 3317.25 of the Revised Code.	6336

(7) If the sum of the payments computed under division (C)(1)	6337
of this section for the students entitled to attend school in a	6338
particular school district under sections 3313.64 and 3313.65 of	6339
the Revised Code exceeds the sum of that district's state	6340
education aid and its payment under sections 321.24 and 323.156 of	6341
the Revised Code, the department shall calculate and apply a	6342
proration factor to the payments to all community schools under	6343
that division for the students entitled to attend school in that	6344
district.	6345

(D) A board of education sponsoring a community school may	6346
utilize local funds to make enhancement grants to the school or	6347
may agree, either as part of the contract or separately, to	6348
provide any specific services to the community school at no cost	6349
to the school.	6350

(E) A community school may not levy taxes or issue bonds	6351
secured by tax revenues.	6352

(F) No community school shall charge tuition for the	6353
enrollment of any student who is a resident of this state. A	6354
community school may charge tuition for the enrollment of any	6355
student who is not a resident of this state.	6356

(G)(1)(a) A community school may borrow money to pay any	6357
necessary and actual expenses of the school in anticipation of the	6358
receipt of any portion of the payments to be received by the	6359
school pursuant to division (C) of this section. The school may	6360
issue notes to evidence such borrowing. The proceeds of the notes	6361
shall be used only for the purposes for which the anticipated	6362
receipts may be lawfully expended by the school.	6363

(b) A school may also borrow money for a term not to exceed	6364
fifteen years for the purpose of acquiring facilities.	6365

(2) Except for any amount guaranteed under section 3318.50 of	6366
the Revised Code, the state is not liable for debt incurred by the	6367
governing authority of a community school.	6368

(H) The department of education shall adjust the amounts	6369
subtracted and paid under division (C) of this section to reflect	6370
any enrollment of students in community schools for less than the	6371
equivalent of a full school year. The state board of education	6372
within ninety days after April 8, 2003, shall adopt in accordance	6373
with Chapter 119. of the Revised Code rules governing the payments	6374
to community schools under this section including initial payments	6375
in a school year and adjustments and reductions made in subsequent	6376
periodic payments to community schools and corresponding	6377
deductions from school district accounts as provided under	6378
division (C) of this section. For purposes of this section:	6379

(1) A student shall be considered enrolled in the community	6380
school for any portion of the school year the student is	6381
participating at a college under Chapter 3365. of the Revised	6382
Code.	6383

(2) A student shall be considered to be enrolled in a	6384
community school for the period of time beginning on the later of	6385
the date on which the school both has received documentation of	6386
the student's enrollment from a parent and the student has	6387
commenced participation in learning opportunities as defined in	6388
the contract with the sponsor, or thirty days prior to the date on	6389
which the student is entered into the education management	6390
information system established under section 3301.0714 of the	6391
Revised Code. For purposes of applying this division and divisions	6392
(H)(3) and (4) of this section to a community school student,	6393
"learning opportunities" shall be defined in the contract, which	6394
shall describe both classroom-based and non-classroom-based	6395
learning opportunities and shall be in compliance with criteria	6396
and documentation requirements for student participation which	6397
shall be established by the department. Any student's instruction	6398
time in non-classroom-based learning opportunities shall be	6399
certified by an employee of the community school. A student's	6400
enrollment shall be considered to cease on the date on which any	6401
of the following occur:	6402

(a) The community school receives documentation from a parent	6403
terminating enrollment of the student.	6404

(b) The community school is provided documentation of a	6405
student's enrollment in another public or private school.	6406

(c) The community school ceases to offer learning	6407
opportunities to the student pursuant to the terms of the contract	6408
with the sponsor or the operation of any provision of this	6409
chapter.	6410

Except as otherwise specified in this paragraph, beginning in	6411
the 2011-2012 school year, any student who completed the prior	6412
school year in an internet- or computer-based community school	6413
shall be considered to be enrolled in the same school in the	6414
subsequent school year until the student's enrollment has ceased	6415
as specified in division (H)(2) of this section. The department	6416
shall continue subtracting and paying amounts for the student	6417
under division (C) of this section without interruption at the	6418
start of the subsequent school year. However, if the student	6419
without a legitimate excuse fails to participate in the first one	6420
hundred five consecutive hours of learning opportunities offered	6421
to the student in that subsequent school year, the student shall	6422
be considered not to have re-enrolled in the school for that	6423
school year and the department shall recalculate the payments to	6424
the school for that school year to account for the fact that the	6425
student is not enrolled.	6426

(3) The department shall determine each community school	6427
student's percentage of full-time equivalency based on the	6428
percentage of learning opportunities offered by the community	6429
school to that student, reported either as number of hours or	6430
number of days, is of the total learning opportunities offered by	6431
the community school to a student who attends for the school's	6432
entire school year. However, no internet- or computer-based	6433
community school shall be credited for any time a student spends	6434
participating in learning opportunities beyond ten hours within	6435
any period of twenty-four consecutive hours. Whether it reports	6436
hours or days of learning opportunities, each community school	6437
shall offer not less than nine hundred twenty hours of learning	6438
opportunities during the school year.	6439

(4) With respect to the calculation of full-time equivalency	6440
under division (H)(3) of this section, the department shall waive	6441
the number of hours or days of learning opportunities not offered	6442
to a student because the community school was closed during the	6443
school year due to disease epidemic, hazardous weather conditions,	6444
law enforcement emergencies, inoperability of school buses or	6445
other equipment necessary to the school's operation, damage to a	6446
school building, or other temporary circumstances due to utility	6447
failure rendering the school building unfit for school use, so	6448
long as the school was actually open for instruction with students	6449
in attendance during that school year for not less than the	6450
minimum number of hours required by this chapter. The department	6451
shall treat the school as if it were open for instruction with	6452
students in attendance during the hours or days waived under this	6453
division.	6454

(I) The department of education shall reduce the amounts paid	6455
under this section to reflect payments made to colleges under	6456
~~division (B) of~~ section 3365.07 of the Revised Code ~~or through~~	6457
~~alternative funding agreements entered into under rules adopted~~	6458
~~under section 3365.12 of the Revised Code~~.	6459

(J)(1) No student shall be considered enrolled in any	6460
internet- or computer-based community school or, if applicable to	6461
the student, in any community school that is required to provide	6462
the student with a computer pursuant to division (C) of section	6463
3314.22 of the Revised Code, unless both of the following	6464
conditions are satisfied:	6465

(a) The student possesses or has been provided with all	6466
required hardware and software materials and all such materials	6467
are operational so that the student is capable of fully	6468
participating in the learning opportunities specified in the	6469
contract between the school and the school's sponsor as required	6470
by division (A)(23) of section 3314.03 of the Revised Code;	6471

(b) The school is in compliance with division (A) of section	6472
3314.22 of the Revised Code, relative to such student.	6473

(2) In accordance with policies adopted jointly by the	6474
superintendent of public instruction and the auditor of state, the	6475
department shall reduce the amounts otherwise payable under	6476
division (C) of this section to any community school that includes	6477
in its program the provision of computer hardware and software	6478
materials to any student, if such hardware and software materials	6479
have not been delivered, installed, and activated for each such	6480
student in a timely manner or other educational materials or	6481
services have not been provided according to the contract between	6482
the individual community school and its sponsor.	6483

The superintendent of public instruction and the auditor of	6484
state shall jointly establish a method for auditing any community	6485
school to which this division pertains to ensure compliance with	6486
this section.	6487

The superintendent, auditor of state, and the governor shall	6488
jointly make recommendations to the general assembly for	6489
legislative changes that may be required to assure fiscal and	6490
academic accountability for such schools.	6491

(K)(1) If the department determines that a review of a	6492
community school's enrollment is necessary, such review shall be	6493
completed and written notice of the findings shall be provided to	6494
the governing authority of the community school and its sponsor	6495
within ninety days of the end of the community school's fiscal	6496
year, unless extended for a period not to exceed thirty additional	6497
days for one of the following reasons:	6498

(a) The department and the community school mutually agree to	6499
the extension.	6500

(b) Delays in data submission caused by either a community	6501
school or its sponsor.	6502

(2) If the review results in a finding that additional	6503
funding is owed to the school, such payment shall be made within	6504
thirty days of the written notice. If the review results in a	6505
finding that the community school owes moneys to the state, the	6506
following procedure shall apply:	6507

(a) Within ten business days of the receipt of the notice of	6508
findings, the community school may appeal the department's	6509
determination to the state board of education or its designee.	6510

(b) The board or its designee shall conduct an informal	6511
hearing on the matter within thirty days of receipt of such an	6512
appeal and shall issue a decision within fifteen days of the	6513
conclusion of the hearing.	6514

(c) If the board has enlisted a designee to conduct the	6515
hearing, the designee shall certify its decision to the board. The	6516
board may accept the decision of the designee or may reject the	6517
decision of the designee and issue its own decision on the matter.	6518

(d) Any decision made by the board under this division is	6519
final.	6520

(3) If it is decided that the community school owes moneys to	6521
the state, the department shall deduct such amount from the	6522
school's future payments in accordance with guidelines issued by	6523
the superintendent of public instruction.	6524

(L) The department shall not subtract from a school	6525
district's state aid account and shall not pay to a community	6526
school under division (C) of this section any amount for any of	6527
the following:	6528

(1) Any student who has graduated from the twelfth grade of a	6529
public or nonpublic high school;	6530

(2) Any student who is not a resident of the state;

6531

(3) Any student who was enrolled in the community school	6532
during the previous school year when assessments were administered	6533
under section 3301.0711 of the Revised Code but did not take one	6534
or more of the assessments required by that section and was not	6535
excused pursuant to division (C)(1) or (3) of that section, unless	6536
the superintendent of public instruction grants the student a	6537
waiver from the requirement to take the assessment and a parent is	6538
not paying tuition for the student pursuant to section 3314.26 of	6539
the Revised Code. The superintendent may grant a waiver only for	6540
good cause in accordance with rules adopted by the state board of	6541
education.	6542

(4) Any student who has attained the age of twenty-two years,	6543
except for veterans of the armed services whose attendance was	6544
interrupted before completing the recognized twelve-year course of	6545
the public schools by reason of induction or enlistment in the	6546
armed forces and who apply for enrollment in a community school	6547
not later than four years after termination of war or their	6548
honorable discharge. If, however, any such veteran elects to	6549
enroll in special courses organized for veterans for whom tuition	6550
is paid under federal law, or otherwise, the department shall not	6551
subtract from a school district's state aid account and shall not	6552
pay to a community school under division (C) of this section any	6553
amount for that veteran.	6554

Sec. 3314.191. Notwithstanding any provision to the contrary	6555
in the Revised Code, the department of education shall make no	6556
payment under section 3314.08 of the Revised Code to a community	6557
school opening for its first year of operation until the sponsor	6558
of that school confirms all of the following:	6559

(A) The school is in compliance with the provisions described	6560
in divisions (A), (H), (I), and (J)(3) of section 3314.19 of the	6561
Revised Code.	6562

(B) The sponsor has approved the financial controls required	6563
by the comprehensive plan for the school under division (B)(5) of	6564
section 3314.03 of the Revised Code.	6565

(C) The school facilities will be ready and open for use by	6566
the date prescribed in the contract entered into under section	6567
3314.03 of the Revised Code, and the sponsor has reviewed any	6568
lease, purchase agreement, permits required by statute or	6569
contract, and construction plans.	6570

(D) The chief administrator of the community school actively	6571
is managing daily operations at the school.	6572

(E) The projected enrollment reported to the department is	6573
accurate.	6574

Sec. 3314.352. No community school that is permanently closed	6575
under section 3314.35 or 3314.351 of the Revised Code may be	6576
reopened under another name if any of the following conditions are	6577
true:	6578

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

6579

(B) The new school has the same chief administrator as the	6580
closed school.	6581

(C) The governing authority of the new school consists of any	6582
of the same members that served on the governing authority of the	6583
closed school during that school's last year of operation.	6584

(D) Fifty per cent or more of the teaching staff of the new	6585
school consists of the same individuals who were employed as	6586
teachers at the closed school during that school's last year of	6587
operation.	6588

(E) Fifty per cent or more of the administrative staff of the	6589
new school consists of the same individuals who were employed as	6590
administrators at the closed school during that school's last year	6591
of operation.	6592

(F) The performance standards and accountability plan	6593
prescribed by the sponsor contract for the new school, entered	6594
into under section 3314.03 of the Revised Code, are the same as	6595
those for the closed school.	6596

Sec. 3317.03. (A) The superintendent of each city, local,	6597
and exempted village school district shall report to the state	6598
board of education as of the last day of October, March, and June	6599
of each year the enrollment of students receiving services from	6600
schools under the superintendent's supervision, and the numbers of	6601
other students entitled to attend school in the district under	6602
section 3313.64 or 3313.65 of the Revised Code the superintendent	6603
is required to report under this section, so that the department	6604
of education can calculate the district's formula ADM, total ADM,	6605
category one through five career-technical education ADM, category	6606
one through three limited English proficient ADM, category one	6607
through six special education ADM, preschool scholarship ADM,	6608
transportation ADM, and, for purposes of provisions of law outside	6609
of Chapter 3317. of the Revised Code, average daily membership.	6610

(1) The enrollment reported by the superintendent during the	6611
reporting period shall consist of the number of students in grades	6612
kindergarten through twelve receiving any educational services	6613
from the district, except that the following categories of	6614
students shall not be included in the determination:	6615

(a) Students enrolled in adult education classes;

6616

(b) Adjacent or other district students enrolled in the	6617
district under an open enrollment policy pursuant to section	6618
3313.98 of the Revised Code;	6619

(c) Students receiving services in the district pursuant to a	6620
compact, cooperative education agreement, or a contract, but who	6621
are entitled to attend school in another district pursuant to	6622
section 3313.64 or 3313.65 of the Revised Code;	6623

(d) Students for whom tuition is payable pursuant to sections	6624
3317.081 and 3323.141 of the Revised Code;	6625

(e) Students receiving services in the district through a	6626
scholarship awarded under either section 3310.41 or sections	6627
3310.51 to 3310.64 of the Revised Code.	6628

When reporting students under division (A)(1) of this	6629
section, the superintendent also shall report the district where	6630
each student is entitled to attend school pursuant to sections	6631
3313.64 and 3313.65 of the Revised Code.	6632

(2) The department of education shall compile a list of all	6633
students reported to be enrolled in a district under division	6634
(A)(1) of this section and of the students entitled to attend	6635
school in the district pursuant to section 3313.64 or 3313.65 of	6636
the Revised Code on an FTE basis but receiving educational	6637
services in grades kindergarten through twelve from one or more of	6638
the following entities:	6639

(a) A community school pursuant to Chapter 3314. of the	6640
Revised Code, including any participation in a college pursuant to	6641
Chapter 3365. of the Revised Code while enrolled in such community	6642
school;	6643

(b) An alternative school pursuant to sections 3313.974 to	6644
3313.979 of the Revised Code as described in division (I)(2)(a) or	6645
(b) of this section;	6646

(c) A college pursuant to Chapter 3365. of the Revised Code,	6647
except when the student is enrolled in the college while also	6648
enrolled in a community school pursuant to Chapter 3314. or, a	6649
science, technology, engineering, and mathematics school	6650
established under Chapter 3326., or a college-preparatory boarding	6651
school established under Chapter 3328. of the Revised Code;	6652

(d) An adjacent or other school district under an open	6653
enrollment policy adopted pursuant to section 3313.98 of the	6654
Revised Code;	6655

(e) An educational service center or cooperative education	6656
district;	6657

(f) Another school district under a cooperative education	6658
agreement, compact, or contract;	6659

(g) A chartered nonpublic school with a scholarship paid	6660
under section 3310.08 of the Revised Code, if the students	6661
qualified for the scholarship under section 3310.03 of the Revised	6662
Code;	6663

(h) An alternative public provider or a registered private	6664
provider with a scholarship awarded under either section 3310.41	6665
or sections 3310.51 to 3310.64 of the Revised Code.	6666

As used in this section, "alternative public provider" and	6667
"registered private provider" have the same meanings as in section	6668
3310.41 or 3310.51 of the Revised Code, as applicable.	6669

(i) A science, technology, engineering, and mathematics	6670
school established under Chapter 3326. of the Revised Code,	6671
including any participation in a college pursuant to Chapter 3365.	6672
of the Revised Code while enrolled in the school;	6673

(j) A college-preparatory boarding school established under	6674
Chapter 3328. of the Revised Code, including any participation in	6675
a college pursuant to Chapter 3365. of the Revised Code while	6676
enrolled in the school.	6677

(3) The department also shall compile a list of the students	6678
entitled to attend school in the district under section 3313.64 or	6679
3313.65 of the Revised Code who are enrolled in a joint vocational	6680
school district or under a career-technical education compact,	6681
excluding any students so entitled to attend school in the	6682
district who are enrolled in another school district through an	6683
open enrollment policy as reported under division (A)(2)(d) of	6684
this section and then enroll in a joint vocational school district	6685
or under a career-technical education compact.	6686

The department shall provide each city, local, and exempted	6687
village school district with an opportunity to review the list of	6688
students compiled under divisions (A)(2) and (3) of this section	6689
to ensure that the students reported accurately reflect the	6690
enrollment of students in the district.	6691

(B) To enable the department of education to obtain the data	6692
needed to complete the calculation of payments pursuant to this	6693
chapter, each superintendent shall certify from the reports	6694
provided by the department under division (A) of this section all	6695
of the following:	6696

(1) The total student enrollment in regular learning day	6697
classes included in the report under division (A)(1) or (2) of	6698
this section for each of the individual grades kindergarten	6699
through twelve in schools under the superintendent's supervision;	6700

(2) The unduplicated count of the number of preschool	6701
children with disabilities enrolled in the district for whom the	6702
district is eligible to receive funding under section 3317.0213 of	6703
the Revised Code adjusted for the portion of the year each child	6704
is so enrolled, in accordance with the disability categories	6705
prescribed in section 3317.013 of the Revised Code;	6706

(3) The number of children entitled to attend school in the	6707
district pursuant to section 3313.64 or 3313.65 of the Revised	6708
Code who are:	6709

(a) Participating in a pilot project scholarship program	6710
established under sections 3313.974 to 3313.979 of the Revised	6711
Code as described in division (I)(2)(a) or (b) of this section;	6712

(b) Enrolled in a college under Chapter 3365. of the Revised	6713
Code, except when the student is enrolled in the college while	6714
also enrolled in a community school pursuant to Chapter 3314. of	6715
the Revised Code or, a science, technology, engineering, and	6716
mathematics school established under Chapter 3326., or a	6717
college-preparatory boarding school established under Chapter	6718
3328. of the Revised Code;	6719

(c) Enrolled in an adjacent or other school district under	6720
section 3313.98 of the Revised Code;	6721

(d) Enrolled in a community school established under Chapter	6722
3314. of the Revised Code that is not an internet- or	6723
computer-based community school as defined in section 3314.02 of	6724
the Revised Code, including any participation in a college	6725
pursuant to Chapter 3365. of the Revised Code while enrolled in	6726
such community school;	6727

(e) Enrolled in an internet- or computer-based community	6728
school, as defined in section 3314.02 of the Revised Code,	6729
including any participation in a college pursuant to Chapter 3365.	6730
of the Revised Code while enrolled in the school;	6731

(f) Enrolled in a chartered nonpublic school with a	6732
scholarship paid under section 3310.08 of the Revised Code and who	6733
qualified for the scholarship under section 3310.03 of the Revised	6734
Code;	6735

(g) Enrolled in kindergarten through grade twelve in an	6736
alternative public provider or a registered private provider with	6737
a scholarship awarded under section 3310.41 of the Revised Code;	6738

(h) Enrolled as a preschool child with a disability in an	6739
alternative public provider or a registered private provider with	6740
a scholarship awarded under section 3310.41 of the Revised Code;	6741

(i) Participating in a program operated by a county DD board	6742
or a state institution;	6743

(j) Enrolled in a science, technology, engineering, and	6744
mathematics school established under Chapter 3326. of the Revised	6745
Code, including any participation in a college pursuant to Chapter	6746
3365. of the Revised Code while enrolled in the school;	6747

(k) Enrolled in a college-preparatory boarding school	6748
established under Chapter 3328. of the Revised Code, including any	6749
participation in a college pursuant to Chapter 3365. of the	6750
Revised Code while enrolled in the school;	6751

(l) Enrolled in an alternative public provider or a	6752
registered private provider with a scholarship awarded under	6753
sections 3310.51 to 3310.64 of the Revised Code.	6754

(4) The total enrollment of pupils in joint vocational	6755
schools;	6756

(5) The combined enrollment of children with disabilities	6757
reported under division (A)(1) or (2) of this section receiving	6758
special education services for the category one disability	6759
described in division (A) of section 3317.013 of the Revised Code,	6760
including children attending a special education program operated	6761
by an alternative public provider or a registered private provider	6762
with a scholarship awarded under sections 3310.51 to 3310.64 of	6763
the Revised Code;	6764

(6) The combined enrollment of children with disabilities	6765
reported under division (A)(1) or (2) of this section receiving	6766
special education services for category two disabilities described	6767
in division (B) of section 3317.013 of the Revised Code, including	6768
children attending a special education program operated by an	6769
alternative public provider or a registered private provider with	6770
a scholarship awarded under sections 3310.51 to 3310.64 of the	6771
Revised Code;	6772

(7) The combined enrollment of children with disabilities	6773
reported under division (A)(1) or (2) of this section receiving	6774
special education services for category three disabilities	6775
described in division (C) of section 3317.013 of the Revised Code,	6776
including children attending a special education program operated	6777
by an alternative public provider or a registered private provider	6778
with a scholarship awarded under sections 3310.51 to 3310.64 of	6779
the Revised Code;	6780

(8) The combined enrollment of children with disabilities	6781
reported under division (A)(1) or (2) of this section receiving	6782
special education services for category four disabilities	6783
described in division (D) of section 3317.013 of the Revised Code,	6784
including children attending a special education program operated	6785
by an alternative public provider or a registered private provider	6786
with a scholarship awarded under sections 3310.51 to 3310.64 of	6787
the Revised Code;	6788

(9) The combined enrollment of children with disabilities	6789
reported under division (A)(1) or (2) of this section receiving	6790
special education services for the category five disabilities	6791
described in division (E) of section 3317.013 of the Revised Code,	6792
including children attending a special education program operated	6793
by an alternative public provider or a registered private provider	6794
with a scholarship awarded under sections 3310.51 to 3310.64 of	6795
the Revised Code;	6796

(10) The combined enrollment of children with disabilities	6797
reported under division (A)(1) or (2) and under division (B)(3)(h)	6798
of this section receiving special education services for category	6799
six disabilities described in division (F) of section 3317.013 of	6800
the Revised Code, including children attending a special education	6801
program operated by an alternative public provider or a registered	6802
private provider with a scholarship awarded under either section	6803
3310.41 or sections 3310.51 to 3310.64 of the Revised Code;	6804

(11) The enrollment of pupils reported under division (A)(1)	6805
or (2) of this section on a full-time equivalency basis in	6806
category one career-technical education programs or classes,	6807
described in division (A) of section 3317.014 of the Revised Code,	6808
operated by the school district or by another district that is a	6809
member of the district's career-technical planning district, other	6810
than a joint vocational school district, or by an educational	6811
service center, notwithstanding division (H) of section 3317.02 of	6812
the Revised Code and division (C)(3) of this section;	6813

(12) The enrollment of pupils reported under division (A)(1)	6814
or (2) of this section on a full-time equivalency basis in	6815
category two career-technical education programs or services,	6816
described in division (B) of section 3317.014 of the Revised Code,	6817
operated by the school district or another school district that is	6818
a member of the district's career-technical planning district,	6819
other than a joint vocational school district, or by an	6820
educational service center, notwithstanding division (H) of	6821
section 3317.02 of the Revised Code and division (C)(3) of this	6822
section;	6823

(13) The enrollment of pupils reported under division (A)(1)	6824
or (2) of this section on a full-time equivalency basis in	6825
category three career-technical education programs or services,	6826
described in division (C) of section 3317.014 of the Revised Code,	6827
operated by the school district or another school district that is	6828
a member of the district's career-technical planning district,	6829
other than a joint vocational school district, or by an	6830
educational service center, notwithstanding division (H) of	6831
section 3317.02 of the Revised Code and division (C)(3) of this	6832
section;	6833

(14) The enrollment of pupils reported under division (A)(1)	6834
or (2) of this section on a full-time equivalency basis in	6835
category four career-technical education programs or services,	6836
described in division (D) of section 3317.014 of the Revised Code,	6837
operated by the school district or another school district that is	6838
a member of the district's career-technical planning district,	6839
other than a joint vocational school district, or by an	6840
educational service center, notwithstanding division (H) of	6841
section 3317.02 of the Revised Code and division (C)(3) of this	6842
section;	6843

(15) The enrollment of pupils reported under division (A)(1)	6844
or (2) of this section on a full-time equivalency basis in	6845
category five career-technical education programs or services,	6846
described in division (E) of section 3317.014 of the Revised Code,	6847
operated by the school district or another school district that is	6848
a member of the district's career-technical planning district,	6849
other than a joint vocational school district, or by an	6850
educational service center, notwithstanding division (H) of	6851
section 3317.02 of the Revised Code and division (C)(3) of this	6852
section;	6853

(16) The enrollment of pupils reported under division (A)(1)	6854
or (2) of this section who are limited English proficient students	6855
described in division (A) of section 3317.016 of the Revised Code,	6856
excluding any student reported under division (B)(3)(e) of this	6857
section as enrolled in an internet- or computer-based community	6858
school;	6859

(17) The enrollment of pupils reported under division (A)(1)	6860
or (2) of this section who are limited English proficient students	6861
described in division (B) of section 3317.016 of the Revised Code,	6862
excluding any student reported under division (B)(3)(e) of this	6863
section as enrolled in an internet- or computer-based community	6864
school;	6865

(18) The enrollment of pupils reported under division (A)(1)	6866
or (2) of this section who are limited English proficient students	6867
described in division (C) of section 3317.016 of the Revised Code,	6868
excluding any student reported under division (B)(3)(e) of this	6869
section as enrolled in an internet- or computer-based community	6870
school;	6871

(19) The average number of children transported during the	6872
reporting period by the school district on board-owned or	6873
contractor-owned and -operated buses, reported in accordance with	6874
rules adopted by the department of education;	6875

(20)(a) The number of children, other than preschool children	6876
with disabilities, the district placed with a county DD board in	6877
fiscal year 1998. Division (B)(20)(a) of this section does not	6878
apply after fiscal year 2013.	6879

(b) The number of children with disabilities, other than	6880
preschool children with disabilities, placed with a county DD	6881
board in the current fiscal year to receive special education	6882
services for the category one disability described in division (A)	6883
of section 3317.013 of the Revised Code;	6884

(c) The number of children with disabilities, other than	6885
preschool children with disabilities, placed with a county DD	6886
board in the current fiscal year to receive special education	6887
services for category two disabilities described in division (B)	6888
of section 3317.013 of the Revised Code;	6889

(d) The number of children with disabilities, other than	6890
preschool children with disabilities, placed with a county DD	6891
board in the current fiscal year to receive special education	6892
services for category three disabilities described in division (C)	6893
of section 3317.013 of the Revised Code;	6894

(e) The number of children with disabilities, other than	6895
preschool children with disabilities, placed with a county DD	6896
board in the current fiscal year to receive special education	6897
services for category four disabilities described in division (D)	6898
of section 3317.013 of the Revised Code;	6899

(f) The number of children with disabilities, other than	6900
preschool children with disabilities, placed with a county DD	6901
board in the current fiscal year to receive special education	6902
services for the category five disabilities described in division	6903
(E) of section 3317.013 of the Revised Code;	6904

(g) The number of children with disabilities, other than	6905
preschool children with disabilities, placed with a county DD	6906
board in the current fiscal year to receive special education	6907
services for category six disabilities described in division (F)	6908
of section 3317.013 of the Revised Code.	6909

(21) The enrollment of students who are economically	6910
disadvantaged, as defined by the department, excluding any student	6911
reported under division (B)(3)(e) of this section as enrolled in	6912
an internet- or computer-based community school. A student shall	6913
not be categorically excluded from the number reported under	6914
division (B)(21) of this section based on anything other than	6915
family income.	6916

(C)(1) The state board of education shall adopt rules	6917
necessary for implementing divisions (A), (B), and (D) of this	6918
section.	6919

(2) A student enrolled in a community school established	6920
under Chapter 3314., a science, technology, engineering, and	6921
mathematics school established under Chapter 3326., or a	6922
college-preparatory boarding school established under Chapter	6923
3328. of the Revised Code shall be counted in the formula ADM and,	6924
if applicable, the category one, two, three, four, five, or six	6925
special education ADM of the school district in which the student	6926
is entitled to attend school under section 3313.64 or 3313.65 of	6927
the Revised Code for the same proportion of the school year that	6928
the student is counted in the enrollment of the community school,	6929
the science, technology, engineering, and mathematics school, or	6930
the college-preparatory boarding school for purposes of section	6931
3314.08, 3326.33, or 3328.24 of the Revised Code. Notwithstanding	6932
the enrollment of students certified pursuant to division	6933
(B)(3)(d), (e), (j), or (k) of this section, the department may	6934
adjust the formula ADM of a school district to account for	6935
students entitled to attend school in the district under section	6936
3313.64 or 3313.65 of the Revised Code who are enrolled in a	6937
community school, a science, technology, engineering, and	6938
mathematics school, or a college-preparatory boarding school for	6939
only a portion of the school year.	6940

(3) No child shall be counted as more than a total of one	6941
child in the sum of the enrollment of students of a school	6942
district under division (A), divisions (B)(1) to (22), or division	6943
(D) of this section, except as follows:	6944

(a) A child with a disability described in section 3317.013	6945
of the Revised Code may be counted both in formula ADM and in	6946
category one, two, three, four, five, or six special education ADM	6947
and, if applicable, in category one, two, three, four, or five	6948
career-technical education ADM. As provided in division (H) of	6949
section 3317.02 of the Revised Code, such a child shall be counted	6950
in category one, two, three, four, five, or six special education	6951
ADM in the same proportion that the child is counted in formula	6952
ADM.	6953

(b) A child enrolled in career-technical education programs	6954
or classes described in section 3317.014 of the Revised Code may	6955
be counted both in formula ADM and category one, two, three, four,	6956
or five career-technical education ADM and, if applicable, in	6957
category one, two, three, four, five, or six special education	6958
ADM. Such a child shall be counted in category one, two, three,	6959
four, or five career-technical education ADM in the same	6960
proportion as the percentage of time that the child spends in the	6961
career-technical education programs or classes.	6962

(4) Based on the information reported under this section, the	6963
department of education shall determine the total student count,	6964
as defined in section 3301.011 of the Revised Code, for each	6965
school district.	6966

(D)(1) The superintendent of each joint vocational school	6967
district shall report and certify to the superintendent of public	6968
instruction as of the last day of October, March, and June of each	6969
year the enrollment of students receiving services from schools	6970
under the superintendent's supervision so that the department can	6971
calculate the district's formula ADM, total ADM, category one	6972
through five career-technical education ADM, category one through	6973
three limited English proficient ADM, category one through six	6974
special education ADM, and for purposes of provisions of law	6975
outside of Chapter 3317. of the Revised Code, average daily	6976
membership.	6977

The enrollment reported and certified by the superintendent,	6978
except as otherwise provided in this division, shall consist of	6979
the the number of students in grades six through twelve receiving	6980
any educational services from the district, except that the	6981
following categories of students shall not be included in the	6982
determination:	6983

(a) Students enrolled in adult education classes;

6984

(b) Adjacent or other district joint vocational students	6985
enrolled in the district under an open enrollment policy pursuant	6986
to section 3313.98 of the Revised Code;	6987

(c) Students receiving services in the district pursuant to a	6988
compact, cooperative education agreement, or a contract, but who	6989
are entitled to attend school in a city, local, or exempted	6990
village school district whose territory is not part of the	6991
territory of the joint vocational district;	6992

(d) Students for whom tuition is payable pursuant to sections	6993
3317.081 and 3323.141 of the Revised Code.	6994

(2) To enable the department of education to obtain the data	6995
needed to complete the calculation of payments pursuant to this	6996
chapter, each superintendent shall certify from the report	6997
provided under division (D)(1) of this section the enrollment for	6998
each of the following categories of students:	6999

(a) Students enrolled in each individual grade included in	7000
the joint vocational district schools;	7001

(b) Children with disabilities receiving special education	7002
services for the category one disability described in division (A)	7003
of section 3317.013 of the Revised Code;	7004

(c) Children with disabilities receiving special education	7005
services for the category two disabilities described in division	7006
(B) of section 3317.013 of the Revised Code;	7007

(d) Children with disabilities receiving special education	7008
services for category three disabilities described in division (C)	7009
of section 3317.013 of the Revised Code;	7010

(e) Children with disabilities receiving special education	7011
services for category four disabilities described in division (D)	7012
of section 3317.013 of the Revised Code;	7013

(f) Children with disabilities receiving special education	7014
services for the category five disabilities described in division	7015
(E) of section 3317.013 of the Revised Code;	7016

(g) Children with disabilities receiving special education	7017
services for category six disabilities described in division (F)	7018
of section 3317.013 of the Revised Code;	7019

(h) Students receiving category one career-technical	7020
education services, described in division (A) of section 3317.014	7021
of the Revised Code;	7022

(i) Students receiving category two career-technical	7023
education services, described in division (B) of section 3317.014	7024
of the Revised Code;	7025

(j) Students receiving category three career-technical	7026
education services, described in division (C) of section 3317.014	7027
of the Revised Code;	7028

(k) Students receiving category four career-technical	7029
education services, described in division (D) of section 3317.014	7030
of the Revised Code;	7031

(l) Students receiving category five career-technical	7032
education services, described in division (E) of section 3317.014	7033
of the Revised Code;	7034

(m) Limited English proficient students described in division	7035
(A) of section 3317.016 of the Revised Code;	7036

(n) Limited English proficient students described in division	7037
(B) of section 3317.016 of the Revised Code;	7038

(o) Limited English proficient students described in division	7039
(C) of section 3317.016 of the Revised Code;	7040

(p) Students who are economically disadvantaged, as defined	7041
by the department. A student shall not be categorically excluded	7042
from the number reported under division (D)(2)(p) of this section	7043
based on anything other than family income.	7044

The superintendent of each joint vocational school district	7045
shall also indicate the city, local, or exempted village school	7046
district in which each joint vocational district pupil is entitled	7047
to attend school pursuant to section 3313.64 or 3313.65 of the	7048
Revised Code.	7049

(E) In each school of each city, local, exempted village,	7050
joint vocational, and cooperative education school district there	7051
shall be maintained a record of school enrollment, which record	7052
shall accurately show, for each day the school is in session, the	7053
actual enrollment in regular day classes. For the purpose of	7054
determining the enrollment of students, the enrollment figure of	7055
any school shall not include any pupils except those pupils	7056
described by division (A) of this section. The record of	7057
enrollment for each school shall be maintained in such manner that	7058
no pupil shall be counted as enrolled prior to the actual date of	7059
entry in the school and also in such manner that where for any	7060
cause a pupil permanently withdraws from the school that pupil	7061
shall not be counted as enrolled from and after the date of such	7062
withdrawal. There shall not be included in the enrollment of any	7063
school any of the following:	7064

(1) Any pupil who has graduated from the twelfth grade of a	7065
public or nonpublic high school;	7066

(2) Any pupil who is not a resident of the state;

7067

(3) Any pupil who was enrolled in the schools of the district	7068
during the previous school year when assessments were administered	7069
under section 3301.0711 of the Revised Code but did not take one	7070
or more of the assessments required by that section and was not	7071
excused pursuant to division (C)(1) or (3) of that section;	7072

(4) Any pupil who has attained the age of twenty-two years,	7073
except for veterans of the armed services whose attendance was	7074
interrupted before completing the recognized twelve-year course of	7075
the public schools by reason of induction or enlistment in the	7076
armed forces and who apply for reenrollment in the public school	7077
system of their residence not later than four years after	7078
termination of war or their honorable discharge;	7079

(5) Any pupil who has a high school equivalence diploma as	7080
defined in section 5107.40 of the Revised Code.	7081

If, however, any veteran described by division (E)(4) of this	7082
section elects to enroll in special courses organized for veterans	7083
for whom tuition is paid under the provisions of federal laws, or	7084
otherwise, that veteran shall not be included in the enrollment of	7085
students determined under this section.	7086

Notwithstanding division (E)(3) of this section, the	7087
enrollment of any school may include a pupil who did not take an	7088
assessment required by section 3301.0711 of the Revised Code if	7089
the superintendent of public instruction grants a waiver from the	7090
requirement to take the assessment to the specific pupil and a	7091
parent is not paying tuition for the pupil pursuant to section	7092
3313.6410 of the Revised Code. The superintendent may grant such a	7093
waiver only for good cause in accordance with rules adopted by the	7094
state board of education.	7095

The formula ADM, total ADM, category one through five	7096
career-technical education ADM, category one through three limited	7097
English proficient ADM, category one through six special education	7098
ADM, preschool scholarship ADM, transportation ADM, and, for	7099
purposes of provisions of law outside of Chapter 3317. of the	7100
Revised Code, average daily membership of any school district	7101
shall be determined in accordance with rules adopted by the state	7102
board of education.	7103

(F)(1) If a student attending a community school under	7104
Chapter 3314., a science, technology, engineering, and mathematics	7105
school established under Chapter 3326., or a college-preparatory	7106
boarding school established under Chapter 3328. of the Revised	7107
Code is not included in the formula ADM calculated for the school	7108
district in which the student is entitled to attend school under	7109
section 3313.64 or 3313.65 of the Revised Code, the department of	7110
education shall adjust the formula ADM of that school district to	7111
include the student in accordance with division (C)(2) of this	7112
section, and shall recalculate the school district's payments	7113
under this chapter for the entire fiscal year on the basis of that	7114
adjusted formula ADM.	7115

(2) If a student awarded an educational choice scholarship is	7116
not included in the formula ADM of the school district from which	7117
the department deducts funds for the scholarship under section	7118
3310.08 of the Revised Code, the department shall adjust the	7119
formula ADM of that school district to include the student to the	7120
extent necessary to account for the deduction, and shall	7121
recalculate the school district's payments under this chapter for	7122
the entire fiscal year on the basis of that adjusted formula ADM.	7123

(3) If a student awarded a scholarship under the Jon Peterson	7124
special needs scholarship program is not included in the formula	7125
ADM of the school district from which the department deducts funds	7126
for the scholarship under section 3310.55 of the Revised Code, the	7127
department shall adjust the formula ADM of that school district to	7128
include the student to the extent necessary to account for the	7129
deduction, and shall recalculate the school district's payments	7130
under this chapter for the entire fiscal year on the basis of that	7131
adjusted formula ADM.	7132

(G)(1)(a) The superintendent of an institution operating a	7133
special education program pursuant to section 3323.091 of the	7134
Revised Code shall, for the programs under such superintendent's	7135
supervision, certify to the state board of education, in the	7136
manner prescribed by the superintendent of public instruction,	7137
both of the following:	7138

(i) The unduplicated count of the number of all children with	7139
disabilities other than preschool children with disabilities	7140
receiving services at the institution for each category of	7141
disability described in divisions (A) to (F) of section 3317.013	7142
of the Revised Code adjusted for the portion of the year each	7143
child is so enrolled;	7144

(ii) The unduplicated count of the number of all preschool	7145
children with disabilities in classes or programs for whom the	7146
district is eligible to receive funding under section 3317.0213 of	7147
the Revised Code adjusted for the portion of the year each child	7148
is so enrolled, reported according to the categories prescribed in	7149
section 3317.013 of the Revised Code.	7150

(b) The superintendent of an institution with	7151
career-technical education units approved under section 3317.05 of	7152
the Revised Code shall, for the units under the superintendent's	7153
supervision, certify to the state board of education the	7154
enrollment in those units, in the manner prescribed by the	7155
superintendent of public instruction.	7156

(2) The superintendent of each county DD board that maintains	7157
special education classes under section 3317.20 of the Revised	7158
Code or provides services to preschool children with disabilities	7159
pursuant to an agreement between the DD board and the appropriate	7160
school district shall do both of the following:	7161

(a) Certify to the state board, in the manner prescribed by	7162
the board, the enrollment in classes under section 3317.20 of the	7163
Revised Code for each school district that has placed children in	7164
the classes;	7165

(b) Certify to the state board, in the manner prescribed by	7166
the board, the unduplicated count of the number of all preschool	7167
children with disabilities enrolled in classes for which the DD	7168
board is eligible to receive funding under section 3317.0213 of	7169
the Revised Code adjusted for the portion of the year each child	7170
is so enrolled, reported according to the categories prescribed in	7171
section 3317.013 of the Revised Code, and the number of those	7172
classes.	7173

(H) Except as provided in division (I) of this section, when	7174
any city, local, or exempted village school district provides	7175
instruction for a nonresident pupil whose attendance is	7176
unauthorized attendance as defined in section 3327.06 of the	7177
Revised Code, that pupil's enrollment shall not be included in	7178
that district's enrollment figure used in calculating the	7179
district's payments under this chapter. The reporting official	7180
shall report separately the enrollment of all pupils whose	7181
attendance in the district is unauthorized attendance, and the	7182
enrollment of each such pupil shall be credited to the school	7183
district in which the pupil is entitled to attend school under	7184
division (B) of section 3313.64 or section 3313.65 of the Revised	7185
Code as determined by the department of education.	7186

(I)(1) A city, local, exempted village, or joint vocational	7187
school district admitting a scholarship student of a pilot project	7188
district pursuant to division (C) of section 3313.976 of the	7189
Revised Code may count such student in its enrollment.	7190

(2) In any year for which funds are appropriated for pilot	7191
project scholarship programs, a school district implementing a	7192
state-sponsored pilot project scholarship program that year	7193
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	7194
count in its enrollment:	7195

(a) All children residing in the district and utilizing a	7196
scholarship to attend kindergarten in any alternative school, as	7197
defined in section 3313.974 of the Revised Code;	7198

(b) All children who were enrolled in the district in the	7199
preceding year who are utilizing a scholarship to attend an	7200
alternative school.	7201

(J) The superintendent of each cooperative education school	7202
district shall certify to the superintendent of public	7203
instruction, in a manner prescribed by the state board of	7204
education, the applicable enrollments for all students in the	7205
cooperative education district, also indicating the city, local,	7206
or exempted village district where each pupil is entitled to	7207
attend school under section 3313.64 or 3313.65 of the Revised	7208
Code.	7209

(K) If the superintendent of public instruction determines	7210
that a component of the enrollment certified or reported by a	7211
district superintendent, or other reporting entity, is not	7212
correct, the superintendent of public instruction may order that	7213
the formula ADM used for the purposes of payments under any	7214
section of Title XXXIII of the Revised Code be adjusted in the	7215
amount of the error.	7216

Sec. 3318.70. (A) As used in this section:

7217

(1) "Acquisition of classroom facilities" has the same	7218
meaning as in section 3318.40 of the Revised Code.	7219

(2) "Classroom facilities" has the same meaning as in section	7220
3318.01 of the Revised Code.	7221

(3) "STEM school" means a science, technology, engineering,	7222
and mathematics school established under Chapter 3326. of the	7223
Revised Code that is not governed by a single school district	7224
board of education, as prescribed by section 3326.51 of the	7225
Revised Code.	7226

(B) The Ohio school facilities commission shall establish	7227
guidelines for assisting STEM schools in the acquisition of	7228
classroom facilities.	7229

(C) Upon receipt of a written proposal by the governing body	7230
of a STEM school, the ~~Ohio school facilities~~ commission, subject	7231
to approval of the controlling board, ~~may~~shall provide funding to	7232
assist that STEM school in the acquisition of classroom	7233
facilities. The proposal of the governing body shall be submitted	7234
in a form and in the manner prescribed by the commission. The	7235
proposal shall indicate both the total amount of funding requested	7236
from the commission and the amount of other funding pledged for	7237
the acquisition of the classroom facilities, the latter of which	7238
shall not be less than the total amount of funding requested from	7239
the commission. ~~If the commission decides in favor of providing~~	7240
~~funding for the classroom facilities~~Once the commission	7241
determines a proposal meets its established guidelines and if the	7242
controlling board approves that funding, the commission shall	7243
enter into an agreement with the governing body for the	7244
acquisition of the classroom facilities and shall encumber, in	7245
accordance with section 3318.11 of the Revised Code, the approved	7246
funding from the amounts appropriated to the commission for	7247
classroom facilities assistance projects. The agreement shall	7248
include a stipulation of the ownership of the classroom facilities	7249
in the event the STEM school permanently closes at any time.	7250

~~(C)~~(D) In the case of the governing body of a group of STEM	7251
schools, as prescribed by section 3326.031 of the Revised Code,	7252
the governing body shall submit a proposal for each school under	7253
its direction separately, and the commission shall consider each	7254
proposal separately.	7255

Sec. 3319.111. Notwithstanding section 3319.09 of the Revised	7256
Code, this section applies to any person who is employed under a	7257
teacher license issued under this chapter, or under a professional	7258
or permanent teacher's certificate issued under former section	7259
3319.222 of the Revised Code, and who spends at least fifty per	7260
cent of the time employed providing student instruction. However,	7261
this section does not apply to any person who is employed as a	7262
substitute teacher or as an instructor of adult education.	7263

(A) Not later than July 1, 2013, the board of education of	7264
each school district, in consultation with teachers employed by	7265
the board, shall adopt a standards-based teacher evaluation policy	7266
that conforms with the framework for evaluation of teachers	7267
developed under section 3319.112 of the Revised Code. The policy	7268
shall become operative at the expiration of any collective	7269
bargaining agreement covering teachers employed by the board that	7270
is in effect on September 29, 2011, and shall be included in any	7271
renewal or extension of such an agreement.	7272

(B) When using measures of student academic growth as a	7273
component of a teacher's evaluation, those measures shall include	7274
the value-added progress dimension prescribed by section 3302.021	7275
of the Revised Code or an alternative student academic progress	7276
measure if adopted under division (C)(1)(e) of section 3302.03 of	7277
the Revised Code. For teachers of grade levels and subjects for	7278
which the value-added progress dimension or alternative student	7279
academic progress measure is not applicable, the board shall	7280
administer assessments on the list developed under division (B)(2)	7281
of section 3319.112 of the Revised Code.	7282

(C)(1) The board shall conduct an evaluation of each teacher	7283
employed by the board at least once each school year, except as	7284
provided in division (C)(2) of this section. The evaluation shall	7285
be completed by the first day of May and the teacher shall receive	7286
a written report of the results of the evaluation by the tenth day	7287
of May.	7288

(2)(a) The board may ~~elect, by adoption of a resolution, to~~	7289
evaluate each teacher who received a rating of accomplished on the	7290
teacher's most recent evaluation conducted under this section once	7291
every ~~two~~three school years. ~~In that case, the biennial~~	7292
~~evaluation~~	7293

(b) The board may evaluate each teacher who received a rating	7294
of skilled on the teacher's most recent evaluation conducted under	7295
this section once every two years.	7296

(c) For each teacher who is evaluated pursuant to division	7297
(C)(2) of this section, the evaluation shall be completed by the	7298
first day of May of the applicable school year, and the teacher	7299
shall receive a written report of the results of the evaluation by	7300
the tenth day of May of that school year.	7301

(d) Beginning July 1, 2014, the board may elect not to	7302
conduct an evaluation of a teacher who meets one of the following	7303
requirements:	7304

(i) The teacher was on leave from the school district for	7305
fifty per cent or more of the school year, as calculated by the	7306
board.	7307

(ii) The teacher has submitted notice of retirement and that	7308
notice has been accepted by the board not later than the first day	7309
of December of the school year in which the evaluation is	7310
otherwise scheduled to be conducted.	7311

(3) In any year that a teacher is not formally evaluated	7312
pursuant to division (C) of this section as a result of receiving	7313
a rating of accomplished or skilled on the teacher's most recent	7314
evaluation, an individual qualified to evaluate a teacher under	7315
division (D) of this section shall conduct at least one	7316
observation of the teacher and hold at least one conference with	7317
the teacher. The board also may require student surveys, teacher	7318
self-evaluations, or any other method of review it determines	7319
necessary to ensure the continued success of an accomplished or	7320
skilled teacher.	7321

(4) The board may require a teacher who received a rating of	7322
ineffective on the teacher's most recent evaluation to prepare and	7323
implement an improvement plan for use during the next school year.	7324

(5) The board may elect, by adoption of a resolution, to	7325
evaluate its teachers on a more frequent basis than as required by	7326
division (C) of this section.	7327

(D) Each evaluation conducted pursuant to this section shall	7328
be conducted by one or more of the following persons who hold a	7329
credential established by the department of education for being an	7330
evaluator:	7331

(1) A person who is under contract with the board pursuant to	7332
section 3319.01 or 3319.02 of the Revised Code and holds a license	7333
designated for being a superintendent, assistant superintendent,	7334
or principal issued under section 3319.22 of the Revised Code;	7335

(2) A person who is under contract with the board pursuant to	7336
section 3319.02 of the Revised Code and holds a license designated	7337
for being a vocational director, administrative specialist, or	7338
supervisor in any educational area issued under section 3319.22 of	7339
the Revised Code;	7340

(3) A person designated to conduct evaluations under an	7341
agreement entered into by the board, including an agreement	7342
providing for peer review entered into by the board and	7343
representatives of teachers employed by the board;	7344

(4) A person who is employed by an entity contracted by the	7345
board to conduct evaluations and who holds a license designated	7346
for being a superintendent, assistant superintendent, principal,	7347
vocational director, administrative specialist, or supervisor in	7348
any educational area issued under section 3319.22 of the Revised	7349
Code or is qualified to conduct evaluations.	7350

(E) Notwithstanding division (A)(3) of section 3319.112 of	7351
the Revised Code:	7352

(1) The board shall require at least three formal	7353
observations of each teacher who is under consideration for	7354
nonrenewal and with whom the board has entered into a limited	7355
contract or an extended limited contract under section 3319.11 of	7356
the Revised Code.	7357

(2) The board may elect, by adoption of a resolution, to	7358
require only one formal observation of a teacher who received a	7359
rating of accomplished on the teacher's most recent evaluation	7360
conducted under this section, provided the teacher completes a	7361
project that has been approved by the board to demonstrate the	7362
teacher's continued growth and practice at the accomplished level.	7363

(F) The board shall include in its evaluation policy	7364
procedures for using the evaluation results for retention and	7365
promotion decisions and for removal of poorly performing teachers.	7366
Seniority shall not be the basis for a decision to retain a	7367
teacher, except when making a decision between teachers who have	7368
comparable evaluations.	7369

(G) For purposes of section 3333.0411 of the Revised Code,	7370
the board annually shall report to the department of education the	7371
number of teachers for whom an evaluation was conducted under this	7372
section and the number of teachers assigned each rating prescribed	7373
under division (B)(1) of section 3319.112 of the Revised Code,	7374
aggregated by the teacher preparation programs from which and the	7375
years in which the teachers graduated. The department shall	7376
establish guidelines for reporting the information required by	7377
this division. The guidelines shall not permit or require that the	7378
name of, or any other personally identifiable information about,	7379
any teacher be reported under this division.	7380

(H) Notwithstanding any provision to the contrary in Chapter	7381
4117. of the Revised Code, the requirements of this section	7382
prevail over any conflicting provisions of a collective bargaining	7383
agreement entered into on or after September 24, 2012.	7384

Sec. 3319.112. (A) Not later than December 31, 2011, the	7385
state board of education shall develop a standards-based state	7386
framework for the evaluation of teachers. The state board may	7387
update the framework periodically by adoption of a resolution. The	7388
framework shall establish an evaluation system that does the	7389
following:	7390

(1) Provides for multiple evaluation factors. ~~One~~

7391

(a) One factor shall be student academic growth which shall	7392
account for ~~fifty~~thirty-five per cent of each evaluation. A	7393
school district may attribute an additional percentage to the	7394
academic growth factor, not to exceed fifteen per cent of each	7395
evaluation. However, a school district may instead attribute that	7396
additional percentage to any of the factors set forth in division	7397
(A)(1)(b) of this section. When applicable to the grade level or	7398
subject area taught by a teacher, the value-added progress	7399
dimension established under section 3302.021 of the Revised Code	7400
or an alternative student academic progress measure if adopted	7401
under division (C)(1)(e) of section 3302.03 of the Revised Code	7402
shall be used in the student academic growth portion of an	7403
evaluation in proportion to the part of a teacher's schedule of	7404
courses or subjects for which the value-added progress dimension	7405
is applicable.	7406

If a teacher's schedule is comprised only of courses or	7407
subjects for which the value-added progress dimension is	7408
applicable, one of the following applies:	7409

~~(a)~~(i) Beginning with March 22, 2013, until June 30, 2014,	7410
the majority of the student academic growth factor of the	7411
evaluation shall be based on the value-added progress dimension.	7412

~~(b)~~(ii) On or after July 1, 2014, the entire student academic	7413
growth factor of the evaluation shall be based on the value-added	7414
progress dimension. In calculating student academic growth for an	7415
evaluation, a student shall not be included if the student has	7416
forty-five or more excused or unexcused absences during the full	7417
academic year.	7418

(b) The fifteen per cent of each evaluation that a school	7419
district may attribute according to division (A)(1)(a) of this	7420
section may include a combination of the following factors:	7421

(i) Formal observations and reviews as required by division	7422
(A)(3) of this section;	7423

(ii) Student surveys;

7424

(iii) Peer review evaluations;

7425

(iv) Any other factors the board determines necessary and	7426
appropriate.	7427

(2) Is aligned with the standards for teachers adopted under	7428
section 3319.61 of the Revised Code;	7429

(3) Requires observation of the teacher being evaluated,	7430
including at least two formal observations by the evaluator of at	7431
least thirty minutes each and classroom walkthroughs;	7432

(4) Assigns a rating on each evaluation in accordance with	7433
division (B) of this section;	7434

(5) Requires each teacher to be provided with a written	7435
report of the results of the teacher's evaluation;	7436

(6) Identifies measures of student academic growth for grade	7437
levels and subjects for which the value-added progress dimension	7438
prescribed by section 3302.021 of the Revised Code or an	7439
alternative student academic progress measure if adopted under	7440
division (C)(1)(e) of section 3302.03 of the Revised Code does not	7441
apply;	7442

(7) Implements a classroom-level, value-added program	7443
developed by a nonprofit organization described in division (B) of	7444
section 3302.021 of the Revised Code or an alternative student	7445
academic progress measure if adopted under division (C)(1)(e) of	7446
section 3302.03 of the Revised Code;	7447

(8) Provides for professional development to accelerate and	7448
continue teacher growth and provide support to poorly performing	7449
teachers;	7450

(9) Provides for the allocation of financial resources to	7451
support professional development.	7452

(B) For purposes of the framework developed under this	7453
section, the state board also shall do the following:	7454

(1) Develop specific standards and criteria that distinguish	7455
between the following levels of performance for teachers and	7456
principals for the purpose of assigning ratings on the evaluations	7457
conducted under sections 3311.80, 3311.84, 3319.02, and 3319.111	7458
of the Revised Code:	7459

(a) Accomplished;

7460

(b) Skilled;

7461

7462

(d) Ineffective.

7463

(2) For grade levels and subjects for which the assessments	7464
prescribed under sections 3301.0710 and 3301.0712 of the Revised	7465
Code and the value-added progress dimension prescribed by section	7466
3302.021 of the Revised Code, or alternative student academic	7467
progress measure, do not apply, develop a list of student	7468
assessments that measure mastery of the course content for the	7469
appropriate grade level, which may include nationally normed	7470
standardized assessments, industry certification examinations, or	7471
end-of-course examinations.	7472

(C) The state board shall consult with experts, teachers and	7473
principals employed in public schools, and representatives of	7474
stakeholder groups in developing the standards and criteria	7475
required by division (B)(1) of this section.	7476

(D) To assist school districts in developing evaluation	7477
policies under sections 3311.80, 3311.84, 3319.02, and 3319.111 of	7478
the Revised Code, the department shall do both of the following:	7479

(1) Serve as a clearinghouse of promising evaluation	7480
procedures and evaluation models that districts may use;	7481

(2) Provide technical assistance to districts in creating	7482
evaluation policies.	7483

(E) Not later than June 30, 2013, the state board, in	7484
consultation with state agencies that employ teachers, shall	7485
develop a standards-based framework for the evaluation of teachers	7486
employed by those agencies. Each state agency that employs	7487
teachers shall adopt a standards-based teacher evaluation policy	7488
that conforms with the framework developed under this division.	7489
The policy shall become operative at the expiration of any	7490
collective bargaining agreement covering teachers employed by the	7491
agency that is in effect on September 24, 2012, and shall be	7492
included in any renewal or extension of such an agreement.	7493
However, this division does not apply to any person who is	7494
employed as a substitute teacher or as an instructor of adult	7495
education.	7496

Sec. 3319.22. (A)(1) The state board of education shall	7497
issue the following educator licenses:	7498

(a) A resident educator license, which shall be valid for	7499
four years~~, except that the~~and shall be renewable for reasons	7500
specified by rules adopted by the state board pursuant to division	7501
(A)(3) of this section. The state board, on a case-by-case basis,	7502
may extend the license's duration as necessary to enable the	7503
license holder to complete the Ohio teacher residency program	7504
established under section 3319.223 of the Revised Code;	7505

(b) A professional educator license, which shall be valid for	7506
five years and shall be renewable;	7507

(c) A senior professional educator license, which shall be	7508
valid for five years and shall be renewable;	7509

(d) A lead professional educator license, which shall be	7510
valid for five years and shall be renewable.	7511

(2) The state board may issue any additional educator	7512
licenses of categories, types, and levels the board elects to	7513
provide.	7514

(3) The state board shall adopt rules establishing the	7515
standards and requirements for obtaining each educator license	7516
issued under this section. The rules shall also include the	7517
reasons for which a resident educator license may be renewed under	7518
division (A)(1)(a) of this section.	7519

(B) The rules adopted under this section shall require at	7520
least the following standards and qualifications for the educator	7521
licenses described in division (A)(1) of this section:	7522

(1) An applicant for a resident educator license shall hold	7523
at least a bachelor's degree from an accredited teacher	7524
preparation program or be a participant in the teach for America	7525
program and meet the qualifications required under section	7526
3319.227 of the Revised Code.	7527

(2) An applicant for a professional educator license shall:

7528

(a) Hold at least a bachelor's degree from an institution of	7529
higher education accredited by a regional accrediting	7530
organization;	7531

(b) Have successfully completed the Ohio teacher residency	7532
program established under section 3319.223 of the Revised Code, if	7533
the applicant's current or most recently issued license is a	7534
resident educator license issued under this section or an	7535
alternative resident educator license issued under section 3319.26	7536
of the Revised Code.	7537

(3) An applicant for a senior professional educator license	7538
shall:	7539

(a) Hold at least a master's degree from an institution of	7540
higher education accredited by a regional accrediting	7541
organization;	7542

(b) Have previously held a professional educator license	7543
issued under this section or section 3319.222 or under former	7544
section 3319.22 of the Revised Code;	7545

(c) Meet the criteria for the accomplished or distinguished	7546
level of performance, as described in the standards for teachers	7547
adopted by the state board under section 3319.61 of the Revised	7548
Code.	7549

(4) An applicant for a lead professional educator license	7550
shall:	7551

(a) Hold at least a master's degree from an institution of	7552
higher education accredited by a regional accrediting	7553
organization;	7554

(b) Have previously held a professional educator license or a	7555
senior professional educator license issued under this section or	7556
a professional educator license issued under section 3319.222 or	7557
former section 3319.22 of the Revised Code;	7558

(c) Meet the criteria for the distinguished level of	7559
performance, as described in the standards for teachers adopted by	7560
the state board under section 3319.61 of the Revised Code;	7561

(d) Either hold a valid certificate issued by the national	7562
board for professional teaching standards or meet the criteria for	7563
a master teacher or other criteria for a lead teacher adopted by	7564
the educator standards board under division (F)(4) or (5) of	7565
section 3319.61 of the Revised Code.	7566

(C) The state board shall align the standards and	7567
qualifications for obtaining a principal license with the	7568
standards for principals adopted by the state board under section	7569
3319.61 of the Revised Code.	7570

(D) If the state board requires any examinations for educator	7571
licensure, the department of education shall provide the results	7572
of such examinations received by the department to the chancellor	7573
of the Ohio board of regents, in the manner and to the extent	7574
permitted by state and federal law.	7575

(E) Any rules the state board of education adopts, amends, or	7576
rescinds for educator licenses under this section, division (D) of	7577
section 3301.07 of the Revised Code, or any other law shall be	7578
adopted, amended, or rescinded under Chapter 119. of the Revised	7579
Code except as follows:	7580

(1) Notwithstanding division (D) of section 119.03 and	7581
division (A)(1) of section 119.04 of the Revised Code, in the case	7582
of the adoption of any rule or the amendment or rescission of any	7583
rule that necessitates institutions' offering preparation programs	7584
for educators and other school personnel that are approved by the	7585
chancellor of the Ohio board of regents under section 3333.048 of	7586
the Revised Code to revise the curriculum of those programs, the	7587
effective date shall not be as prescribed in division (D) of	7588
section 119.03 and division (A)(1) of section 119.04 of the	7589
Revised Code. Instead, the effective date of such rules, or the	7590
amendment or rescission of such rules, shall be the date	7591
prescribed by section 3333.048 of the Revised Code.	7592

(2) Notwithstanding the authority to adopt, amend, or rescind	7593
emergency rules in division (F) of section 119.03 of the Revised	7594
Code, this authority shall not apply to the state board of	7595
education with regard to rules for educator licenses.	7596

(F)(1) The rules adopted under this section establishing	7597
standards requiring additional coursework for the renewal of any	7598
educator license shall require a school district and a chartered	7599
nonpublic school to establish local professional development	7600
committees. In a nonpublic school, the chief administrative	7601
officer shall establish the committees in any manner acceptable to	7602
such officer. The committees established under this division shall	7603
determine whether coursework that a district or chartered	7604
nonpublic school teacher proposes to complete meets the	7605
requirement of the rules. The department of education shall	7606
provide technical assistance and support to committees as the	7607
committees incorporate the professional development standards	7608
adopted by the state board of education pursuant to section	7609
3319.61 of the Revised Code into their review of coursework that	7610
is appropriate for license renewal. The rules shall establish a	7611
procedure by which a teacher may appeal the decision of a local	7612
professional development committee.	7613

(2) In any school district in which there is no exclusive	7614
representative established under Chapter 4117. of the Revised	7615
Code, the professional development committees shall be established	7616
as described in division (F)(2) of this section.	7617

Not later than the effective date of the rules adopted under	7618
this section, the board of education of each school district shall	7619
establish the structure for one or more local professional	7620
development committees to be operated by such school district. The	7621
committee structure so established by a district board shall	7622
remain in effect unless within thirty days prior to an anniversary	7623
of the date upon which the current committee structure was	7624
established, the board provides notice to all affected district	7625
employees that the committee structure is to be modified.	7626
Professional development committees may have a district-level or	7627
building-level scope of operations, and may be established with	7628
regard to particular grade or age levels for which an educator	7629
license is designated.	7630

Each professional development committee shall consist of at	7631
least three classroom teachers employed by the district, one	7632
principal employed by the district, and one other employee of the	7633
district appointed by the district superintendent. For committees	7634
with a building-level scope, the teacher and principal members	7635
shall be assigned to that building, and the teacher members shall	7636
be elected by majority vote of the classroom teachers assigned to	7637
that building. For committees with a district-level scope, the	7638
teacher members shall be elected by majority vote of the classroom	7639
teachers of the district, and the principal member shall be	7640
elected by a majority vote of the principals of the district,	7641
unless there are two or fewer principals employed by the district,	7642
in which case the one or two principals employed shall serve on	7643
the committee. If a committee has a particular grade or age level	7644
scope, the teacher members shall be licensed to teach such grade	7645
or age levels, and shall be elected by majority vote of the	7646
classroom teachers holding such a license and the principal shall	7647
be elected by all principals serving in buildings where any such	7648
teachers serve. The district superintendent shall appoint a	7649
replacement to fill any vacancy that occurs on a professional	7650
development committee, except in the case of vacancies among the	7651
elected classroom teacher members, which shall be filled by vote	7652
of the remaining members of the committee so selected.	7653

Terms of office on professional development committees shall	7654
be prescribed by the district board establishing the committees.	7655
The conduct of elections for members of professional development	7656
committees shall be prescribed by the district board establishing	7657
the committees. A professional development committee may include	7658
additional members, except that the majority of members on each	7659
such committee shall be classroom teachers employed by the	7660
district. Any member appointed to fill a vacancy occurring prior	7661
to the expiration date of the term for which a predecessor was	7662
appointed shall hold office as a member for the remainder of that	7663
term.	7664

The initial meeting of any professional development	7665
committee, upon election and appointment of all committee members,	7666
shall be called by a member designated by the district	7667
superintendent. At this initial meeting, the committee shall	7668
select a chairperson and such other officers the committee deems	7669
necessary, and shall adopt rules for the conduct of its meetings.	7670
Thereafter, the committee shall meet at the call of the	7671
chairperson or upon the filing of a petition with the district	7672
superintendent signed by a majority of the committee members	7673
calling for the committee to meet.	7674

(3) In the case of a school district in which an exclusive	7675
representative has been established pursuant to Chapter 4117. of	7676
the Revised Code, professional development committees shall be	7677
established in accordance with any collective bargaining agreement	7678
in effect in the district that includes provisions for such	7679
committees.	7680

If the collective bargaining agreement does not specify a	7681
different method for the selection of teacher members of the	7682
committees, the exclusive representative of the district's	7683
teachers shall select the teacher members.	7684

If the collective bargaining agreement does not specify a	7685
different structure for the committees, the board of education of	7686
the school district shall establish the structure, including the	7687
number of committees and the number of teacher and administrative	7688
members on each committee; the specific administrative members to	7689
be part of each committee; whether the scope of the committees	7690
will be district levels, building levels, or by type of grade or	7691
age levels for which educator licenses are designated; the lengths	7692
of terms for members; the manner of filling vacancies on the	7693
committees; and the frequency and time and place of meetings.	7694
However, in all cases, except as provided in division (F)(4) of	7695
this section, there shall be a majority of teacher members of any	7696
professional development committee, there shall be at least five	7697
total members of any professional development committee, and the	7698
exclusive representative shall designate replacement members in	7699
the case of vacancies among teacher members, unless the collective	7700
bargaining agreement specifies a different method of selecting	7701
such replacements.	7702

(4) Whenever an administrator's coursework plan is being	7703
discussed or voted upon, the local professional development	7704
committee shall, at the request of one of its administrative	7705
members, cause a majority of the committee to consist of	7706
administrative members by reducing the number of teacher members	7707
voting on the plan.	7708

(G)(1) The department of education, educational service	7709
centers, county boards of developmental disabilities, regional	7710
professional development centers, special education regional	7711
resource centers, college and university departments of education,	7712
head start programs, and the Ohio education computer network may	7713
establish local professional development committees to determine	7714
whether the coursework proposed by their employees who are	7715
licensed or certificated under this section or section 3319.222 of	7716
the Revised Code, or under the former version of either section as	7717
it existed prior to October 16, 2009, meet the requirements of the	7718
rules adopted under this section. They may establish local	7719
professional development committees on their own or in	7720
collaboration with a school district or other agency having	7721
authority to establish them.	7722

Local professional development committees established by	7723
county boards of developmental disabilities shall be structured in	7724
a manner comparable to the structures prescribed for school	7725
districts in divisions (F)(2) and (3) of this section, as shall	7726
the committees established by any other entity specified in	7727
division (G)(1) of this section that provides educational services	7728
by employing or contracting for services of classroom teachers	7729
licensed or certificated under this section or section 3319.222 of	7730
the Revised Code, or under the former version of either section as	7731
it existed prior to October 16, 2009. All other entities specified	7732
in division (G)(1) of this section shall structure their	7733
committees in accordance with guidelines which shall be issued by	7734
the state board.	7735

(2) Any public agency that is not specified in division	7736
(G)(1) of this section but provides educational services and	7737
employs or contracts for services of classroom teachers licensed	7738
or certificated under this section or section 3319.222 of the	7739
Revised Code, or under the former version of either section as it	7740
existed prior to October 16, 2009, may establish a local	7741
professional development committee, subject to the approval of the	7742
department of education. The committee shall be structured in	7743
accordance with guidelines issued by the state board.	7744

Sec. 3319.26. (A) The state board of education shall adopt	7745
rules establishing the standards and requirements for obtaining an	7746
alternative resident educator license for teaching in grades	7747
kindergarten to twelve, or the equivalent, in a designated subject	7748
area or in the area of intervention specialist, as defined by rule	7749
of the state board. The rules shall also include the reasons for	7750
which an alternative resident educator license may be renewed	7751
under division (D) of this section.	7752

(B) The superintendent of public instruction and the	7753
chancellor of the Ohio board of regents jointly shall develop an	7754
intensive pedagogical training institute to provide instruction in	7755
the principles and practices of teaching for individuals seeking	7756
an alternative resident educator license. The instruction shall	7757
cover such topics as student development and learning, pupil	7758
assessment procedures, curriculum development, classroom	7759
management, and teaching methodology.	7760

(C) The rules adopted under this section shall require	7761
applicants for the alternative resident educator license to	7762
satisfy the following conditions prior to issuance of the license,	7763
but they shall not require applicants to have completed a major in	7764
the subject area for which application is being made:	7765

(1) Hold a minimum of a baccalaureate degree;

7766

(2) Successfully complete the pedagogical training institute	7767
described in division (B) of this section or a summer training	7768
institute provided to participants of a teacher preparation	7769
program that is operated by a nonprofit organization and has been	7770
approved by the chancellor. The chancellor shall approve any such	7771
program that requires participants to hold a bachelor's degree;	7772
have a cumulative undergraduate grade point average of at least	7773
2.5 out of 4.0, or its equivalent; and successfully complete the	7774
program's summer training institute.	7775

(3) Pass an examination in the subject area for which	7776
application is being made.	7777

(D) An alternative resident educator license shall be valid	7778
for four years~~, except that the~~and shall be renewable for reasons	7779
specified by rules adopted by the state board pursuant to division	7780
(A) of this section. The state board, on a case-by-case basis, may	7781
extend the license's duration as necessary to enable the license	7782
holder to complete the Ohio teacher residency program established	7783
under section 3319.223 of the Revised Code.	7784

(E) The rules shall require the holder of an alternative	7785
resident educator license, as a condition of continuing to hold	7786
the license, to do all of the following:	7787

(1) Participate in the Ohio teacher residency program;

7788

(2) Show satisfactory progress in taking and successfully	7789
completing one of the following:	7790

(a) At least twelve additional semester hours, or the	7791
equivalent, of college coursework in the principles and practices	7792
of teaching in such topics as student development and learning,	7793
pupil assessment procedures, curriculum development, classroom	7794
management, and teaching methodology;	7795

(b) Professional development provided by a teacher	7796
preparation program that has been approved by the chancellor under	7797
division (C)(2) of this section.	7798

(3) Take an assessment of professional knowledge in the	7799
second year of teaching under the license.	7800

(F) The rules shall provide for the granting of a	7801
professional educator license to a holder of an alternative	7802
resident educator license upon successfully completing all of the	7803
following:	7804

(1) Four years of teaching under the alternative license;

7805

(2) The additional college coursework or professional	7806
development described in division (E)(2) of this section;	7807

(3) The assessment of professional knowledge described in	7808
division (E)(3) of this section. The standards for successfully	7809
completing this assessment and the manner of conducting the	7810
assessment shall be the same as for any other individual who is	7811
required to take the assessment pursuant to rules adopted by the	7812
state board under section 3319.22 of the Revised Code.	7813

(4) The Ohio teacher residency program;

7814

(5) All other requirements for a professional educator	7815
license adopted by the state board under section 3319.22 of the	7816
Revised Code.	7817

(G) A person who is assigned to teach in this state as a	7818
participant in the teach for America program or who has completed	7819
two years of teaching in another state as a participant in that	7820
program shall be eligible for a license only under section	7821
3319.227 of the Revised Code and shall not be eligible for a	7822
license under this section.	7823

Sec. 3319.31. (A) As used in this section and sections	7824
3123.41 to 3123.50 and 3319.311 of the Revised Code, "license"	7825
means a certificate, license, or permit described in this chapter	7826
or in division (B) of section 3301.071 or in section 3301.074 of	7827
the Revised Code.	7828

(B) For any of the following reasons, the state board of	7829
education, in accordance with Chapter 119. and section 3319.311 of	7830
the Revised Code, may refuse to issue a license to an applicant;	7831
may limit a license it issues to an applicant; may suspend,	7832
revoke, or limit a license that has been issued to any person; or	7833
may revoke a license that has been issued to any person and has	7834
expired:	7835

(1) Engaging in an immoral act, incompetence, negligence, or	7836
conduct that is unbecoming to the applicant's or person's	7837
position;	7838

(2) A plea of guilty to, a finding of guilt by a jury or	7839
court of, or a conviction of any of the following:	7840

(a) A felony other than a felony listed in division (C) of	7841
this section;	7842

(b) An offense of violence other than an offense of violence	7843
listed in division (C) of this section;	7844

(c) A theft offense, as defined in section 2913.01 of the	7845
Revised Code, other than a theft offense listed in division (C) of	7846
this section;	7847

(d) A drug abuse offense, as defined in section 2925.01 of	7848
the Revised Code, that is not a minor misdemeanor, other than a	7849
drug abuse offense listed in division (C) of this section;	7850

(e) A violation of an ordinance of a municipal corporation	7851
that is substantively comparable to an offense listed in divisions	7852
(B)(2)(a) to (d) of this section.	7853

(3) A judicial finding of eligibility for intervention in	7854
lieu of conviction under section 2951.041 of the Revised Code, or	7855
agreeing to participate in a pre-trial diversion program under	7856
section 2935.36 of the Revised Code, or a similar diversion	7857
program under rules of a court, for any offense listed in division	7858
(B)(2) or (C) of this section;	7859

(4) Failure to comply with section 3313.536, 3314.40,	7860
3319.313, 3326.24, 3328.19, or 5126.253 of the Revised Code.	7861

(C) Upon learning of a plea of guilty to, a finding of guilt	7862
by a jury or court of, or a conviction of any of the offenses	7863
listed in this division by a person who holds a current or expired	7864
license or is an applicant for a license or renewal of a license,	7865
the state board or the superintendent of public instruction, if	7866
the state board has delegated the duty pursuant to division (D) of	7867
this section, shall by a written order revoke the person's license	7868
or deny issuance or renewal of the license to the person. The	7869
state board or the superintendent shall revoke a license that has	7870
been issued to a person to whom this division applies and has	7871
expired in the same manner as a license that has not expired.	7872

Revocation of a license or denial of issuance or renewal of a	7873
license under this division is effective immediately at the time	7874
and date that the board or superintendent issues the written order	7875
and is not subject to appeal in accordance with Chapter 119. of	7876
the Revised Code. Revocation of a license or denial of issuance or	7877
renewal of license under this division remains in force during the	7878
pendency of an appeal by the person of the plea of guilty, finding	7879
of guilt, or conviction that is the basis of the action taken	7880
under this division.	7881

The state board or superintendent shall take the action	7882
required by this division for a violation of division (B)(1), (2),	7883
(3), or (4) of section 2919.22 of the Revised Code; a violation of	7884
section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041, 2903.11,	7885
2903.12, 2903.15, 2905.01, 2905.02, 2905.05, 2905.11, 2907.02,	7886
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.21, 2907.22,	7887
2907.23, 2907.24, 2907.241, 2907.25, 2907.31, 2907.311, 2907.32,	7888
2907.321, 2907.322, 2907.323, 2907.33, 2907.34, 2909.02, 2909.22,	7889
2909.23, 2909.24, 2911.01, 2911.02, 2911.11, 2911.12, 2913.44,	7890
2917.01, 2917.02, 2917.03, 2917.31, 2917.33, 2919.12, 2919.121,	7891
2919.13, 2921.02, 2921.03, 2921.04, 2921.05, 2921.11, 2921.34,	7892
2921.41, 2923.122, 2923.123, 2923.161, 2923.17, 2923.21, 2925.02,	7893
2925.03, 2925.04, 2925.041, 2925.05, 2925.06, 2925.13, 2925.22,	7894
2925.23, 2925.24, 2925.32, 2925.36, 2925.37, 2927.24, or 3716.11	7895
of the Revised Code; a violation of section 2905.04 of the Revised	7896
Code as it existed prior to July 1, 1996; a violation of section	7897
2919.23 of the Revised Code that would have been a violation of	7898
section 2905.04 of the Revised Code as it existed prior to July 1,	7899
1996, had the violation been committed prior to that date;	7900
felonious sexual penetration in violation of former section	7901
2907.12 of the Revised Code; or a violation of an ordinance of a	7902
municipal corporation that is substantively comparable to an	7903
offense listed in this paragraph.	7904

(D) The state board may delegate to the superintendent of	7905
public instruction the authority to revoke a person's license or	7906
to deny issuance or renewal of a license to a person under	7907
division (C) or (F) of this section.	7908

(E)(1) If the plea of guilty, finding of guilt, or conviction	7909
that is the basis of the action taken under division (B)(2) or (C)	7910
of this section, or under the version of division (F) of section	7911
3319.311 of the Revised Code in effect prior to September 12,	7912
2008, is overturned on appeal, upon exhaustion of the criminal	7913
appeal, the clerk of the court that overturned the plea, finding,	7914
or conviction or, if applicable, the clerk of the court that	7915
accepted an appeal from the court that overturned the plea,	7916
finding, or conviction, shall notify the state board that the	7917
plea, finding, or conviction has been overturned. Within thirty	7918
days after receiving the notification, the state board shall	7919
initiate proceedings to reconsider the revocation or denial of the	7920
person's license in accordance with division (E)(2) of this	7921
section. In addition, the person whose license was revoked or	7922
denied may file with the state board a petition for	7923
reconsideration of the revocation or denial along with appropriate	7924
court documents.	7925

(2) Upon receipt of a court notification or a petition and	7926
supporting court documents under division (E)(1) of this section,	7927
the state board, after offering the person an opportunity for an	7928
adjudication hearing under Chapter 119. of the Revised Code, shall	7929
determine whether the person committed the act in question in the	7930
prior criminal action against the person that is the basis of the	7931
revocation or denial and may continue the revocation or denial,	7932
may reinstate the person's license, with or without limits, or may	7933
grant the person a new license, with or without limits. The	7934
decision of the board shall be based on grounds for revoking,	7935
denying, suspending, or limiting a license adopted by rule under	7936
division (G) of this section and in accordance with the	7937
evidentiary standards the board employs for all other licensure	7938
hearings. The decision of the board under this division is subject	7939
to appeal under Chapter 119. of the Revised Code.	7940

(3) A person whose license is revoked or denied under	7941
division (C) of this section shall not apply for any license if	7942
the plea of guilty, finding of guilt, or conviction that is the	7943
basis of the revocation or denial, upon completion of the criminal	7944
appeal, either is upheld or is overturned but the state board	7945
continues the revocation or denial under division (E)(2) of this	7946
section and that continuation is upheld on final appeal.	7947

(F) The state board may take action under division (B) of	7948
this section, and the state board or the superintendent shall take	7949
the action required under division (C) of this section, on the	7950
basis of substantially comparable conduct occurring in a	7951
jurisdiction outside this state or occurring before a person	7952
applies for or receives any license.	7953

(G) The state board may adopt rules in accordance with	7954
Chapter 119. of the Revised Code to carry out this section and	7955
section 3319.311 of the Revised Code.	7956

Sec. 3321.07. If any child ~~attends upon~~receives instruction	7957
elsewhere than in a public school such instruction shall be in a	7958
school which conforms to the minimum standards prescribed by the	7959
state board of education. The hours and term of attendance ~~exacted~~	7960
of that school shall be equivalent to the hours and term of	7961
attendance required of children in the public schools of the	7962
district. This section does not require a child to attend a high	7963
school instead of a ~~vocational~~career-technical, commercial, or	7964
other special type of school, provided the successful completion	7965
of instruction therein ~~is for a term and for hours equivalent to~~	7966
~~those of the high school, and provided his attendance at such~~	7967
~~school will not interfere with a continuous program of education~~	7968
~~for the child to the age of sixteen~~will result in the child	7969
receiving a high school diploma, an industry-recognized	7970
credential, or a journeyman certification as recognized by the	7971
United States department of labor.	7972

Sec. 3321.08. Every child who has been granted an age and	7973
schooling certificate shall, until the age at which such	7974
certificate is no longer required, attend a part-time school or	7975
class ~~for the number of hours not over eight per week that such~~	7976
~~school or class is in session,~~. Such an education program may be	7977
provided by the board of education of the school district in which	7978
the child resides or is employed ~~has made such school or class~~	7979
~~available~~. ~~Such attendance~~Attendance shall be for the full term	7980
such school or class is in session, and shall begin with the first	7981
week of the school term or within one week after issuance of the	7982
age and schooling certificate. ~~This section does not apply to~~	7983
~~children who are employed under vacation and part-time~~	7984
~~certificates only.~~ The superintendent of schools may excuse a	7985
child from such attendance for one of the reasons provided in	7986
section 3321.10 of the Revised Code. AFor purposes of this	7987
section, a part-time school or class is one which shall offer, to	7988
those minors who have entered industry, instruction supplemental	7989
to their daily occupations or which will increase their civic and	7990
vocational competence or both ~~and which are taught between the~~	7991
~~hours of seven in the morning and six in the afternoon of any day~~	7992
~~except a legal holiday, Saturday, or Sunday, or between the hours~~	7993
~~of seven in the morning and twelve noon of Saturday~~and which	7994
grants a high school diploma to the child upon the child's	7995
successful completion of a course of instruction.	7996

Sec. 3324.07. (A) The board of education of each school	7997
district shall develop a plan for the service of gifted students	7998
enrolled in the district that are identified under section 3324.03	7999
of the Revised Code. Services specified in the plan developed by	8000
each board may include such options as the following:	8001

(1) A differentiated curriculum;

8002

(2) Cluster grouping;

8003

(3) Mentorships;

8004

(4) Accelerated course work;

8005

(5) The ~~post-secondary enrollment option~~college credit plus	8006
program under Chapter 3365. of the Revised Code;	8007

(6) Advanced placement;

8008

(7) Honors classes;

8009

(8) Magnet schools;

8010

(9) Self-contained classrooms;

8011

(10) Independent study;

8012

(11) Other options identified in rules adopted by the	8013
department of education.	8014

(B) Each board shall file the plan developed under division	8015
(A) of this section with the department of education by December	8016
15, 2000. The department shall review and analyze each plan to	8017
determine if it is adequate and to make funding estimates.	8018

(C) Unless otherwise required by law, rule, or as a condition	8019
for receipt of funds, school boards may implement the plans	8020
developed under division (A) of this section, but shall not be	8021
required to do so until further action by the general assembly or	8022
the state superintendent of public instruction.	8023

Sec. 3325.02. (A) As used in this chapter, "visual	8024
impairment" means blindness, partial blindness, deaf-blindness, or	8025
multiple disabilities if one of the disabilities is vision	8026
related.	8027

(B) Subject to the regulations adopted by the state board of	8028
education, the state school for the blind shall be open to receive	8029
~~such blind and partially blind~~ persons,who are residents of this	8030
state, whose disabilities are visual impairments, and who, in the	8031
judgment of the superintendent of public instruction and the	8032
superintendent of the school for the blind, due to such	8033
disability, cannot be educated in the public school system and are	8034
suitable persons to receive instructions according to the methods	8035
employed in ~~such~~the school.	8036

Sec. 3325.06. (A) The state board of education shall	8037
institute and establish a program of education by the department	8038
of education to train parents of deaf or hard of hearing children	8039
of preschool age. The object and purpose of the educational	8040
program shall be to aid and assist the parents of deaf or hard of	8041
hearing children of preschool age in affording to the children the	8042
means of optimum communicational facilities.	8043

(B) The state board of education shall institute and	8044
establish a program of education to train and assist parents of	8045
children of preschool age whose disabilities are visual	8046
impairments. The object and purpose of the educational program	8047
shall be to enable the parents of children of preschool age whose	8048
disabilities are visual impairments to provide their children with	8049
learning experiences that develop early literacy, communication,	8050
mobility, and daily living skills so the children can function	8051
independently in their living environments.	8052

Sec. 3325.07. The state board of education in carrying out	8053
this section and division (A) of section 3325.06 of the Revised	8054
Code shall, insofar as practicable, plan, present, and carry into	8055
effect an educational program by means of any of the following	8056
methods of instruction:	8057

(A) Classes for parents of deaf or hard of hearing children	8058
of preschool age;	8059

(B) A nursery school where parent and child would enter the	8060
nursery school as a unit;	8061

8062

(D) Personal consultations and interviews;

8063

(E) Day-care or child development courses;

8064

(F) Summer enrichment courses;

8065

(G) By such other means or methods as the superintendent of	8066
the state school for the deaf deems advisable that would permit a	8067
deaf or hard of hearing child of preschool age to construct a	8068
pattern of communication at an early age.	8069

The superintendent may allow children who are not deaf or	8070
hard of hearing to participate in the methods of instruction	8071
described in divisions (A) to (G) of this section as a means to	8072
assist deaf or hard of hearing children to construct a pattern of	8073
communication. The superintendent shall establish policies and	8074
procedures regarding the participation of children who are not	8075
deaf or hard of hearing.	8076

The superintendent may establish reasonable fees for	8077
participation in the methods of instruction described in divisions	8078
(A) to (G) of this section to defray the costs of carrying them	8079
out. The superintendent shall determine the manner by which any	8080
such fees shall be collected. All fees shall be deposited in the	8081
even start fees and gifts fund, which is hereby created in the	8082
state treasury. The money in the fund shall be used to implement	8083
this section.	8084

Sec. 3325.071. The state board of education in carrying out	8085
this section and division (B) of section 3325.06 of the Revised	8086
Code shall, insofar as practicable, plan, present, and carry into	8087
effect an educational program by means of any of the following	8088
methods of instruction:	8089

(A) Classes for parents of children of preschool age whose	8090
disabilities are visual impairments, independently or in	8091
cooperation with community agencies;	8092

(B) Periodic interactive parent-child classes for infants and	8093
toddlers whose disabilities are visual impairments;	8094

8095

(D) Personal consultations and interviews;

8096

(E) Day-care or child development courses for children and	8097
parents;	8098

(F) Summer enrichment courses;

8099

(G) By such other means or methods as the superintendent of	8100
the state school for the blind deems advisable that would permit a	8101
child of preschool age whose disability is a visual impairment to	8102
construct a pattern of communication and develop literacy,	8103
mobility, and independence at an early age.	8104

The superintendent may allow children who do not have	8105
disabilities that are visual impairments to participate in the	8106
methods of instruction described in divisions (A) to (G) of this	8107
section so that children of preschool age whose disabilities are	8108
visual impairments are able to learn alongside their peers while	8109
receiving specialized instruction that is based on early learning	8110
and development strategies. The superintendent shall establish	8111
policies and procedures regarding the participation of children	8112
who do not have disabilities that are visual impairments.	8113

The superintendent may establish reasonable fees for	8114
participation in the methods of instruction described in divisions	8115
(A) to (G) of this section to defray the costs of carrying them	8116
out. The superintendent shall determine the manner by which any	8117
such fees shall be collected. All fees shall be deposited in the	8118
state school for the blind even start fees and gifts fund, which	8119
is hereby created in the state treasury. The money in the fund	8120
shall be used to implement this section.	8121

Sec. 3325.09. (A) The state board of education shall	8122
institute and establish career-technical education and work	8123
training programs for secondary and post-secondary students whose	8124
disabilities are visual impairments. These programs shall develop	8125
communication, mobility, and work skills and assist students in	8126
becoming productive members of society so that they can contribute	8127
to their communities and living environments.	8128

(B) The state school for the blind may use any gifts,	8129
donations, or bequests it receives under section 3325.10 of the	8130
Revised Code for one or more of the following purposes that are	8131
related to career-technical and work training programs for	8132
secondary and post-secondary students whose disabilities are	8133
visual impairments:	8134

(1) Room and board;

8135

(2) Training in mobility and orientation;

8136

(3) Activities that teach daily living skills;

8137

(4) Rehabilitation technology;

8138

(5) Activities that teach group and individual social and	8139
interpersonal skills;	8140

(6) Work placement in the community by the school or a	8141
community agency;	8142

(7) Transportation to and from work sites or locations of	8143
community interaction;	8144

(8) Supervision and management of programs and services.

8145

Sec. 3325.10. The state school for the blind may receive and	8146
administer any federal funds relating to the education of ~~blind or~~	8147
~~visually impaired~~ students whose disabilities are visual	8148
impairments, including secondary and post-secondary students. The	8149
school for the blind also may accept and administer any gifts,	8150
donations, or bequests made to it for programs or services	8151
relating to the education of ~~blind or visually impaired~~ students	8152
whose disabilities are visual impairments, including secondary and	8153
post-secondary students.	8154

Sec. 3325.17. There is hereby created in the state treasury	8155
the state school for the blind educational program expense fund.	8156
Moneys received by the school from donations, bequests, student	8157
fundraising activities, fees charged for camps, workshops, and	8158
summer work and learn cooperative programs, gate receipts from	8159
school activities, and any other moneys designated for deposit in	8160
the fund by the superintendent of the school, shall be credited to	8161
the fund. Notwithstanding section 3325.01 of the Revised Code, the	8162
approval of the state board of education is not required to	8163
designate money for deposit into the fund. The state school for	8164
the blind shall use moneys in the fund for educational programs,	8165
after-school activities, and expenses associated with student	8166
activities.	8167

Sec. 3326.11. Each science, technology, engineering, and	8168
mathematics school established under this chapter and its	8169
governing body shall comply with sections 9.90, 9.91, 109.65,	8170
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	8171
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	8172
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	8173
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	8174
3313.6015, 3313.6020, 3313.61, 3313.611, 3313.614, 3313.615,	8175
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	8176
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	8177
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,	8178
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,	8179
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	8180
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	8181
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	8182
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	8183
4123., 4141., and 4167. of the Revised Code as if it were a school	8184
district.	8185

Sec. 3326.29. A STEM school established under this chapter	8186
may submit to the superintendent of public administration a	8187
request for a waiver from administering the state achievement	8188
assessments required under sections 3301.0710 and 3301.0712 of the	8189
Revised Code and related requirements specified under division	8190
(C)(2) of section 3302.15 of the Revised Code in the manner	8191
prescribed by that section as if it were a school district. A STEM	8192
school that obtains a waiver under section 3302.15 of the Revised	8193
Code shall comply with all provisions of that section as if it	8194
were a school district. A STEM school is presumptively eligible to	8195
request such a waiver.	8196

Sec. 3326.36. The department of education shall reduce the	8197
amounts paid to a science, technology, engineering, and	8198
mathematics school under section 3326.33 of the Revised Code to	8199
reflect payments made to colleges under ~~division (B) of~~ section	8200
3365.07 of the Revised Code ~~or through alternative funding~~	8201
~~agreements entered into under rules adopted under section 3365.12~~	8202
~~of the Revised Code~~. A student shall be considered enrolled in the	8203
school for any portion of the school year the student is attending	8204
a college under Chapter 3365. of the Revised Code.	8205

Sec. 3328.24. A college-preparatory boarding school	8206
established under this chapter and its board of trustees shall	8207
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712,	8208
3301.0714, 3313.6013, 3313.6411, 3319.39, and 3319.391 and Chapter	8209
3365. of the Revised Code as if the school were a school district	8210
and the school's board of trustees were a district board of	8211
education.	8212

Sec. 3328.25. (A) The board of trustees of a	8213
college-preparatory boarding school established under this chapter	8214
shall grant a diploma to any student enrolled in the school to	8215
whom all of the following apply:	8216

(1) The student has successfully completed the school's high	8217
school curriculum or the IEP developed for the student by the	8218
school pursuant to section 3323.08 of the Revised Code or has	8219
qualified under division (D) or (F) of section 3313.603 of the	8220
Revised Code, provided that the school shall not require a student	8221
to remain in school for any specific number of semesters or other	8222
terms if the student completes the required curriculum early.	8223

(2) Subject to section 3313.614 of the Revised Code, the	8224
student has met the assessment requirements of division (A)(2)(a)	8225
or (b) of this section, as applicable.	8226

(a) If the student entered ninth grade prior to the date	8227
prescribed by rule of the state board of education under division	8228
(D)(2) of section 3301.0712 of the Revised Code, the student	8229
either:	8230

(i) Has attained at least the applicable scores designated	8231
under division (B)(1) of section 3301.0710 of the Revised Code on	8232
all the assessments prescribed by that division unless division	8233
(L) of section 3313.61 of the Revised Code applies to the student;	8234

(ii) Has satisfied the alternative conditions prescribed in	8235
section 3313.615 of the Revised Code.	8236

(b) If the person entered ninth grade on or after the date	8237
prescribed by rule of the state board under division (D)(2) of	8238
section 3301.0712 of the Revised Code, the student has met the	8239
requirements of the entire assessment system prescribed under	8240
division (B)(2) of section 3301.0710 of the Revised Code, except	8241
to the extent that the student is excused from some portion of	8242
that assessment system pursuant to division (L) of section 3313.61	8243
of the Revised Code.	8244

(3) The student is not eligible to receive an honors diploma	8245
granted under division (B) of this section.	8246

No diploma shall be granted under this division to anyone	8247
except as provided in this division.	8248

(B) In lieu of a diploma granted under division (A) of this	8249
section, the board of trustees shall grant an honors diploma, in	8250
the same manner that boards of education of school districts grant	8251
honors diplomas under division (B) of section 3313.61 of the	8252
Revised Code, to any student enrolled in the school who	8253
accomplishes all of the following:	8254

(1) Successfully completes the school's high school	8255
curriculum or the IEP developed for the student by the school	8256
pursuant to section 3323.08 of the Revised Code;	8257

(2) Subject to section 3313.614 of the Revised Code, has met	8258
the assessment requirements of division (B)(2)(a) or (b) of this	8259
section, as applicable.	8260

(a) If the student entered ninth grade prior to the date	8261
prescribed by rule of the state board under division (D)(2) of	8262
section 3301.0712 of the Revised Code, the student either:	8263

(i) Has attained at least the applicable scores designated	8264
under division (B)(1) of section 3301.0710 of the Revised Code on	8265
all the assessments prescribed under that division;	8266

(ii) Has satisfied the alternative conditions prescribed in	8267
section 3313.615 of the Revised Code.	8268

(b) If the person entered ninth grade on or after the date	8269
prescribed by rule of the state board under division (D)(2) of	8270
section 3301.0712 of the Revised Code, the student has met the	8271
requirements of the entire assessment system prescribed under	8272
division (B)(2) of section 3301.0710 of the Revised Code.	8273

(3) Has met the additional criteria for granting an honors	8274
diploma prescribed by the state board under division (B) of	8275
section 3313.61 of the Revised Code for the granting of honors	8276
diplomas by school districts.	8277

An honors diploma shall not be granted to a student who is	8278
subject to the ~~Ohio core curriculum~~requirements prescribed in	8279
division (C) of section 3313.603 of the Revised Code but elects	8280
the option of division (D) or (F) of that section. No honors	8281
diploma shall be granted to anyone failing to comply with this	8282
division, and not more than one honors diploma shall be granted to	8283
any student under this division.	8284

(C) A diploma or honors diploma awarded under this section	8285
shall be signed by the presiding officer of the board of trustees.	8286
Each diploma shall bear the date of its issue and be in such form	8287
as the board of trustees prescribes.	8288

(D) Upon granting a diploma to a student under this section,	8289
the presiding officer of the board of trustees shall provide	8290
notice of receipt of the diploma to the board of education of the	8291
city, exempted village, or local school district where the student	8292
is entitled to attend school when not residing at the	8293
college-preparatory boarding school. The notice shall indicate the	8294
type of diploma granted.	8295

Sec. 3331.04. Whenever an age and schooling certificate is	8296
applied for by a child over sixteen years of age who is ~~unable to~~	8297
~~pass a test for the completion of the work of the seventh grade~~	8298
~~and who is not so below the normal in mental development that the~~	8299
~~child cannot profit from further schooling~~participating in a	8300
program that, upon successful completion of instruction, will	8301
result in the child receiving an industry-recognized credential, a	8302
journeyman certification as recognized by the United States	8303
department of labor, or full-time employment, an age and schooling	8304
certificate may be issued by the superintendent of schools to such	8305
child upon proof acceptable to such superintendent of the	8306
following facts and upon agreement to the respective conditions	8307
made in writing by the child and by the parents, guardian, or	8308
custodian in charge of such child:	8309

(A) That the child is addicted to no habit which is likely to	8310
detract from the child's reliability or effectiveness as a worker,	8311
or proper use of the child's earnings or leisure, or the	8312
probability of the child's faithfully carrying out the conditions	8313
to which the child agrees as specified in division (B) of this	8314
section, and in addition any one of the following groups of facts:	8315

(1) That the child has been a resident of the school district	8316
for the last two years, has diligently attended upon instruction	8317
at school for the last two years, and is able to read, write, and	8318
perform the fundamental operations of arithmetic. These abilities	8319
shall be judged by the superintendent.	8320

(2) That the child having been a resident of the school	8321
district less than two years, ~~diligently~~ attended ~~upon instruction~~	8322
in school in the district in which the child was a resident ~~next~~	8323
~~preceding the child's residence in the present district~~ for the	8324
last school year preceding the child's ~~removal to~~residence in the	8325
present district, and has diligently attended ~~upon instruction in~~	8326
the schools of the present district for the period that the child	8327
has been a resident thereof;	8328

(3) That the child has ~~removed to~~resided in the present	8329
school district since the beginning of the last annual school	8330
session, and that instruction adapted to the child's needs is not	8331
provided in the regular day schools in the district;	8332

(4) ~~That the child is not sufficiently familiar with the~~	8333
~~English language to be properly instructed in the full-time day~~	8334
~~schools of the district;~~	8335

~~(5)~~ That conditions are such that the child must provide for	8336
the child's own support or the support of the child's own child or	8337
that the child is needed for the support or care of parents or for	8338
the support or care of brothers or sisters for whom the parents	8339
are unable to provide and that the child is desirous of working	8340
for the support or care of self or of the child's own child or of	8341
such parents or siblings and that such child cannot render such	8342
needed support or care by a reasonable effort outside of school	8343
hours; but no age and schooling certificate shall be granted to a	8344
child of this group upon proof of such facts without written	8345
consent given to the superintendent by the juvenile judge and by	8346
the department of job and family services.	8347

(B)~~(1)~~ In case the certificate is granted under division	8348
(A)~~(1), (2), (3), or (5)~~ of this section, that until reaching the	8349
age of eighteen years the child will diligently attend in addition	8350
to part-time classes, such evening classes as will add to the	8351
child's education for literacy, citizenship, or vocational	8352
preparation which may be made available to the child in the school	8353
district and which the child may be directed to attend by the	8354
superintendent, or in case no such classes are available, that the	8355
child will pursue such reading and study and report monthly	8356
thereon as may be directed by the superintendent;	8357

~~(2) In case the certificate is granted under division (A)(4)~~	8358
~~of this section, that until the age of eighteen years the child~~	8359
~~will attend in addition to part-time classes, such evening classes~~	8360
~~as will assist the child to learn the English language or advance~~	8361
~~in Americanization which may be made available to the child in the~~	8362
~~school district and which the child may be directed to attend by~~	8363
~~the superintendent~~.	8364

Sec. 3333.041. (A) On or before the last day of December of	8365
each year, the chancellor of the Ohio board of regents shall	8366
submit to the governor and, in accordance with section 101.68 of	8367
the Revised Code, the general assembly a report or reports	8368
concerning all of the following:	8369

(1) The status of graduates of Ohio school districts at state	8370
institutions of higher education during the twelve-month period	8371
ending on the thirtieth day of September of the current calendar	8372
year. The report shall list, by school district, the number of	8373
graduates of each school district who attended a state institution	8374
of higher education and the percentage of each district's	8375
graduates enrolled in a state institution of higher education	8376
during the reporting period who were required during such period	8377
by the college or university, as a prerequisite to enrolling in	8378
those courses generally required for first-year students, to	8379
enroll in a remedial course in English, including composition or	8380
reading, mathematics, and any other area designated by the	8381
chancellor. The chancellor also shall make the information	8382
described in division (A)(1) of this section available to the	8383
board of education of each city, exempted village, and local	8384
school district.	8385

Each state institution of higher education shall, by the	8386
first day of November of each year, submit to the chancellor in	8387
the form specified by the chancellor the information the	8388
chancellor requires to compile the report.	8389

(2) Aggregate academic growth data for students assigned to	8390
graduates of teacher preparation programs approved under section	8391
3333.048 of the Revised Code who teach English language arts or	8392
mathematics in any of grades four to eight in a public school in	8393
Ohio. For this purpose, the chancellor shall use the value-added	8394
progress dimension prescribed by section 3302.021 of the Revised	8395
Code or the alternative student academic progress measure if	8396
adopted under division (C)(1)(e) of section 3302.03 of the Revised	8397
Code. The chancellor shall aggregate the data by graduating class	8398
for each approved teacher preparation program, except that if a	8399
particular class has ten or fewer graduates to which this section	8400
applies, the chancellor shall report the data for a group of	8401
classes over a three-year period. In no case shall the report	8402
identify any individual graduate. The department of education	8403
shall share any data necessary for the report with the chancellor.	8404

(3) The following information with respect to the Ohio	8405
tuition trust authority:	8406

(a) The name of each investment manager that is a minority	8407
business enterprise or a women's business enterprise with which	8408
the chancellor contracts;	8409

(b) The amount of assets managed by investment managers that	8410
are minority business enterprises or women's business enterprises,	8411
expressed as a percentage of assets managed by investment managers	8412
with which the chancellor has contracted;	8413

(c) Efforts by the chancellor to increase utilization of	8414
investment managers that are minority business enterprises or	8415
women's business enterprises.	8416

(4) A description of ~~dual enrollment~~advanced standing	8417
programs, as defined in section 3313.6013 of the Revised Code,	8418
that are offered by school districts, community schools	8419
established under Chapter 3314. of the Revised Code, STEM schools	8420
established under Chapter 3326. of the Revised Code,	8421
college-preparatory boarding schools established under Chapter	8422
3328. of the Revised Code, and chartered nonpublic high schools.	8423
The chancellor also shall post the information on the chancellor's	8424
web site.	8425

(5) The chancellor's strategy in assigning choose Ohio first	8426
scholarships, as established under section 3333.61 of the Revised	8427
Code, among state universities and colleges and how the actual	8428
awards fit that strategy.	8429

(6) The academic and economic impact of the Ohio	8430
co-op/internship program established under section 3333.72 of the	8431
Revised Code. At a minimum, the report shall include the	8432
following:	8433

(a) Progress and performance metrics for each initiative that	8434
received an award in the previous fiscal year;	8435

(b) Economic indicators of the impact of each initiative, and	8436
all initiatives as a whole, on the regional economies and the	8437
statewide economy;	8438

(c) The chancellor's strategy in allocating awards among	8439
state institutions of higher education and how the actual awards	8440
fit that strategy.	8441

(B) As used in this section:

8442

(1) "Minority business enterprise" has the same meaning as in	8443
section 122.71 of the Revised Code.	8444

(2) "State institution of higher education" and "state	8445
university" have the same meanings as in section 3345.011 of the	8446
Revised Code.	8447

(3) "State university or college" has the same meaning as in	8448
section 3345.12 of the Revised Code.	8449

(4) "Women's business enterprise" means a business, or a	8450
partnership, corporation, limited liability company, or joint	8451
venture of any kind, that is owned and controlled by women who are	8452
United States citizens and residents of this state.	8453

Sec. 3333.35. The state board of education and the	8454
chancellor of the Ohio board of regents shall strive to reduce	8455
unnecessary student remediation costs incurred by colleges and	8456
universities in this state, increase overall access for students	8457
to higher education, enhance the ~~post-secondary enrollment options~~	8458
college credit plus program in accordance with Chapter 3365. of	8459
the Revised Code, and enhance the alternative resident educator	8460
licensure program in accordance with section 3319.26 of the	8461
Revised Code.	8462

Sec. 3333.43. This section does not apply to any	8463
baccalaureate degree program that is a cooperative education	8464
program, as defined in section 3333.71 of the Revised Code.	8465

(A) The chancellor of the Ohio board of regents shall require	8466
all state institutions of higher education that offer	8467
baccalaureate degrees, as a condition of reauthorization for	8468
certification of each baccalaureate program offered by the	8469
institution, to submit a statement describing how each major for	8470
which the school offers a baccalaureate degree may be completed	8471
within three academic years. The chronology of the statement shall	8472
begin with the fall semester of a student's first year of the	8473
baccalaureate program.	8474

(B) The statement required under this section may include,	8475
but not be limited to, any of the following methods to contribute	8476
to earning a baccalaureate degree in three years:	8477

(1) Advanced placement credit;

8478

(2) International baccalaureate program credit;

8479

(3) A waiver of degree and credit-hour requirements by	8480
completion of courses that are widely available at community	8481
colleges in the state or through online programs offered by state	8482
institutions of higher education or private nonprofit institutions	8483
of higher education holding certificates of authorization under	8484
Chapter 1713. of the Revised Code, and through courses taken by	8485
the student through the ~~post-secondary enrollment options~~college	8486
credit plus program under Chapter 3365. of the Revised Code;	8487

(4) Completion of coursework during summer sessions;

8488

(5) A waiver of foreign-language degree requirements based on	8489
a proficiency examination specified by the institution.	8490

(C)(1) Not later than October 15, 2012, each state	8491
institution of higher education shall provide statements required	8492
under this section for ten per cent of all baccalaureate degree	8493
programs offered by the institution.	8494

(2) Not later than June 30, 2014, each state institution of	8495
higher education shall provide statements required under this	8496
section for sixty per cent of all baccalaureate degree programs	8497
offered by the institution.	8498

(D) Each state institution of higher education required to	8499
submit statements under this section shall post its three-year	8500
option on its web site and also provide that information to the	8501
department of education. The department shall distribute that	8502
information to the superintendent, high school principal, and	8503
guidance counselor, or equivalents, of each school district,	8504
community school established under Chapter 3314. of the Revised	8505
Code, and STEM school established under Chapter 3326. of the	8506
Revised Code.	8507

(E) Nothing in this section requires an institution to take	8508
any action that would violate the requirements of any independent	8509
association accrediting baccalaureate degree programs.	8510

Sec. 3333.86. The chancellor of the Ohio board of regents	8511
may determine the manner in which a course included in the	8512
clearinghouse may be offered as ~~a dual enrollment~~an advanced	8513
standing program as defined in section 3313.6013 of the Revised	8514
Code, may be offered to students who are enrolled in nonpublic	8515
schools or are instructed at home pursuant to section 3321.04 of	8516
the Revised Code, or may be offered at times outside the normal	8517
school day or school week, including any necessary additional fees	8518
and methods of payment for a course so offered.	8519

Sec. 3345.06. (A) Subject to divisions (B) and (C) of this	8520
section, a graduate of the twelfth grade shall be entitled to	8521
admission without examination to any college or university which	8522
is supported wholly or in part by the state, but for unconditional	8523
admission may be required to complete such units not included in	8524
the graduate's high school course as may be prescribed, not less	8525
than two years prior to the graduate's entrance, by the faculty of	8526
the institution.	8527

(B) Beginning with the 2014-2015 academic year, each state	8528
university listed in section 3345.011 of the Revised Code, except	8529
for Central state university, Shawnee state university, and	8530
Youngstown state university, shall permit a resident of this state	8531
who entered ninth grade for the first time on or after July 1,	8532
2010, to begin undergraduate coursework at the university only if	8533
the person has successfully completed the ~~Ohio core curriculum~~	8534
requirements for high school graduation prescribed in division (C)	8535
of section 3313.603 of the Revised Code, unless one of the	8536
following applies:	8537

(1) The person has earned at least ten semester hours, or the	8538
equivalent, at a community college, state community college,	8539
university branch, technical college, or another post-secondary	8540
institution except a state university to which division (B) of	8541
this section applies, in courses that are college-credit-bearing	8542
and may be applied toward the requirements for a degree. The	8543
university shall grant credit for successful completion of those	8544
courses pursuant to any applicable articulation and transfer	8545
policy of the Ohio board of regents or any agreements the	8546
university has entered into in accordance with policies and	8547
procedures adopted under section 3333.16, ~~3313.161~~3333.161, or	8548
3333.162 of the Revised Code. The university may count college	8549
credit that the student earned while in high school through the	8550
~~post-secondary enrollment options~~college credit plus program	8551
under Chapter 3365. of the Revised Code, or through other ~~dual~~	8552
~~enrollment~~advanced standing programs, toward the requirements of	8553
division (B)(1) of this section if the credit may be applied	8554
toward a degree.	8555

(2) The person qualified to graduate from high school under	8556
division (D) or (F) of section 3313.603 of the Revised Code and	8557
has successfully completed the topics or courses that the person	8558
lacked to graduate under division (C) of that section at any	8559
post-secondary institution or at a summer program at the state	8560
university. A state university may admit a person for enrollment	8561
contingent upon completion of such topics or courses or summer	8562
program.	8563

(3) The person met the high school graduation requirements by	8564
successfully completing the person's individualized education	8565
program developed under section 3323.08 of the Revised Code.	8566

(4) The person is receiving or has completed the final year	8567
of instruction at home as authorized under section 3321.04 of the	8568
Revised Code, or has graduated from a nonchartered, nonpublic	8569
school in Ohio, and demonstrates mastery of the academic content	8570
and skills in reading, writing, and mathematics needed to	8571
successfully complete introductory level coursework at an	8572
institution of higher education and to avoid remedial coursework.	8573

(5) The person is a high school student participating in the	8574
~~post-secondary enrollment options~~college credit plus program	8575
under Chapter 3365. of the Revised Code or another ~~dual enrollment~~	8576
advanced standing program.	8577

(C) A state university subject to division (B) of this	8578
section may delay admission for or admit conditionally an	8579
undergraduate student who has successfully completed the ~~Ohio core~~	8580
~~curriculum~~requirements prescribed in division (C) of section	8581
3313.603 of the Revised Code if the university determines the	8582
student requires academic remedial or developmental coursework.	8583
The university may delay admission pending, or make admission	8584
conditional upon, the student's successful completion of the	8585
academic remedial or developmental coursework at a university	8586
branch, community college, state community college, or technical	8587
college.	8588

(D)(1) For the purposes of consideration for admission to the	8589
institution, each state institution of higher education, as	8590
defined in section 3345.011 of the Revised Code, shall accept a	8591
sworn affidavit verifying the successful completion of a student's	8592
high school curriculum from either of the following:	8593

(a) If the student was enrolled in a nonchartered nonpublic	8594
school, the chief administrator of that school;	8595

(b) If the student was excused from attendance at school for	8596
the purpose of home instruction under section 3321.04 of the	8597
Revised Code, the student's parent or guardian.	8598

Any affidavit submitted pursuant to this section shall also	8599
include a record of the student's completed coursework and the	8600
grade received in each course. Notwithstanding anything in the	8601
Revised Code to the contrary, the affidavit shall fulfill any	8602
admission criteria requiring proof of the successful completion of	8603
that student's applicable high school curriculum.	8604

(2) For the purposes of consideration for admission to a	8605
state institution of higher education, no institution shall	8606
discriminate against any student to which division (D) of this	8607
section applies solely on the manner in which the student received	8608
instruction in order to successfully fulfill the high school	8609
curriculum applicable to that student.	8610

(E) This section does not deny the right of a college of law,	8611
medicine, or other specialized education to require college	8612
training for admission, or the right of a department of music or	8613
other art to require particular preliminary training or talent.	8614

Sec. 3345.061. (A) Ohio's two-year institutions of higher	8615
education are respected points of entry for students embarking on	8616
post-secondary careers and courses completed at those institutions	8617
are transferable to state universities in accordance with	8618
articulation and transfer agreements developed under sections	8619
3333.16, 3333.161, and 3333.162 of the Revised Code.	8620

(B) Beginning with undergraduate students who commence	8621
undergraduate studies in the 2014-2015 academic year, no state	8622
university listed in section 3345.011 of the Revised Code, except	8623
Central state university, Shawnee state university, and Youngstown	8624
state university, shall receive any state operating subsidies for	8625
any academic remedial or developmental courses for undergraduate	8626
students, including courses prescribed in ~~the Ohio core curriculum~~	8627
~~for high school graduation under~~ division (C) of section 3313.603	8628
of the Revised Code, offered at its main campus, except as	8629
provided in divisions (B)(1) to (4) of this section.	8630

(1) In the 2014-2015 and 2015-2016 academic years, a state	8631
university may receive state operating subsidies for academic	8632
remedial or developmental courses for not more than three per cent	8633
of the total undergraduate credit hours provided by the university	8634
at its main campus.	8635

(2) In the 2016-2017 academic year, a state university may	8636
receive state operating subsidies for academic remedial or	8637
developmental courses for not more than fifteen per cent of the	8638
first-year students who have graduated from high school within the	8639
previous twelve months and who are enrolled in the university at	8640
its main campus, as calculated on a full-time-equivalent basis.	8641

(3) In the 2017-2018 academic year, a state university may	8642
receive state operating subsidies for academic remedial or	8643
developmental courses for not more than ten per cent of the	8644
first-year students who have graduated from high school within the	8645
previous twelve months and who are enrolled in the university at	8646
its main campus, as calculated on a full-time-equivalent basis.	8647

(4) In the 2018-2019 academic year, a state university may	8648
receive state operating subsidies for academic remedial or	8649
developmental courses for not more than five per cent of the	8650
first-year students who have graduated from high school within the	8651
previous twelve months and who are enrolled in the university at	8652
its main campus, as calculated on a full-time-equivalent basis.	8653

Each state university may continue to offer academic remedial	8654
and developmental courses at its main campus beyond the extent for	8655
which state operating subsidies may be paid under this division	8656
and may continue to offer such courses beyond the 2018-2019	8657
academic year. However, the university shall not receive any state	8658
operating subsidies for such courses above the maximum amounts	8659
permitted in this division.	8660

(C) Except as otherwise provided in division (B) of this	8661
section, beginning with students who commence undergraduate	8662
studies in the 2014-2015 academic year, state operating subsidies	8663
for academic remedial or developmental courses offered by state	8664
institutions of higher education may be paid only to Central state	8665
university, Shawnee state university, Youngstown state university,	8666
any university branch, any community college, any state community	8667
college, or any technical college.	8668

(D) Each state university shall grant credit for academic	8669
remedial or developmental courses successfully completed at an	8670
institution described in division (C) of this section pursuant to	8671
any applicable articulation and transfer agreements the university	8672
has entered into in accordance with policies and procedures	8673
adopted under section 3333.16, 3333.161, or 3333.162 of the	8674
Revised Code.	8675

(E) The chancellor of the Ohio board of regents shall do all	8676
of the following:	8677

(1) Withhold state operating subsidies for academic remedial	8678
or developmental courses provided by a state university as	8679
required in order to conform to divisions (B) and (C) of this	8680
section;	8681

(2) Adopt uniform statewide standards for academic remedial	8682
and developmental courses offered by all state institutions of	8683
higher education;	8684

(3) Encourage and assist in the design and establishment of	8685
academic remedial and developmental courses by institutions of	8686
higher education;	8687

(4) Define "academic year" for purposes of this section and	8688
section 3345.06 of the Revised Code;	8689

(5) Encourage and assist in the development of articulation	8690
and transfer agreements between state universities and other	8691
institutions of higher education in accordance with policies and	8692
procedures adopted under sections 3333.16, 3333.161, and 3333.162	8693
of the Revised Code.	8694

(F) Not later than December 31, 2012, the presidents, or	8695
equivalent position, of all state institutions of higher	8696
education, or their designees, jointly shall establish uniform	8697
statewide standards in mathematics, science, reading, and writing	8698
each student enrolled in a state institution of higher education	8699
must meet to be considered in remediation-free status. The	8700
presidents also shall establish assessments, if they deem	8701
necessary, to determine if a student meets the standards adopted	8702
under this division. Each institution is responsible for assessing	8703
the needs of its enrolled students in the manner adopted by the	8704
presidents. The board of trustees or managing authority of each	8705
state institution of higher education shall adopt the	8706
remediation-free status standard, and any related assessments,	8707
into the institution's policies.	8708

The chancellor shall assist in coordinating the work of the	8709
presidents under this division.	8710

(G) Each year, not later than a date established by the	8711
chancellor, each state institution of higher education shall	8712
report to the governor, the general assembly, the chancellor, and	8713
the superintendent of public instruction all of the following for	8714
the prior academic year:	8715

(1) The institution's aggregate costs for providing academic	8716
remedial or developmental courses;	8717

(2) The amount of those costs disaggregated according to the	8718
city, local, or exempted village school districts from which the	8719
students taking those courses received their high school diplomas;	8720

(3) Any other information with respect to academic remedial	8721
and developmental courses that the chancellor considers	8722
appropriate.	8723

(H) Not later than December 31, 2011, and the thirty-first	8724
day of each December thereafter, the chancellor and the	8725
superintendent of public instruction shall issue a report	8726
recommending policies and strategies for reducing the need for	8727
academic remediation and developmental courses at state	8728
institutions of higher education.	8729

(I) As used in this section, "state institution of higher	8730
education" has the same meaning as in section 3345.011 of the	8731
Revised Code.	8732

Sec. 3365.01. As used in this chapter:

8733

(A) "Articulated credit" means post-secondary credit that is	8734
reflected on the official record of a student at an institution of	8735
higher education only upon enrollment at that institution after	8736
graduation from a secondary school.	8737

(B) "Default ceiling amount" means one of the following	8738
amounts, whichever is applicable:	8739

(1) For a participant enrolled in a college operating on a	8740
semester schedule, the amount calculated according to the	8741
following formula:	8742

((0.83 X formula amount) / 30)	8744

X number of enrolled credit hours	8745

(2) For a participant enrolled in a college operating on a	8746
quarter schedule, the amount calculated according to the following	8747
formula:	8748

((0.83 X formula amount) / 45)	8750

X number of enrolled credit hours	8751

(C) "Default floor amount" means twenty-five per cent of the	8752
default ceiling amount.	8753

(D) "Eligible out-of-state college" means any institution of	8754
higher education that is located outside of Ohio and is approved	8755
by the chancellor of the Ohio board of regents to participate in	8756
the college credit plus program.	8757

(E) "Fee" means any course-related fee and any other fee	8758
imposed by the college, but not included in tuition, for	8759
participation in the program established by this chapter.	8760

(F) "Formula amount" has the same meaning as in section	8761
3317.02 of the Revised Code.	8762

(G) "Governing entity" means a board of education of a school	8763
district, a governing authority of a community school established	8764
under Chapter 3314., a governing body of a STEM school established	8765
under Chapter 3326., or a board of trustees of a	8766
college-preparatory boarding school established under Chapter	8767
3328. of the Revised Code.	8768

(H) "Home-instructed participant" means a student who has	8769
been excused from the compulsory attendance law for the purpose of	8770
home instruction under section 3321.04 of the Revised Code, and is	8771
participating in the program established by this chapter.	8772

(I) "Maximum per participant charge amount" means one of the	8773
following amounts, whichever is applicable:	8774

(1) For a participant enrolled in a college operating on a	8775
semester schedule, the amount calculated according to the	8776
following formula:	8777

((formula amount / 30)	8778

X number of enrolled credit hours)	8779

(2) For a participant enrolled in a college operating on a	8780
quarter schedule, the amount calculated according to the following	8781
formula:	8782

((formula amount / 45)	8783

X number of enrolled credit hours)	8784

(J) "Nonpublic secondary school" means a chartered school for	8785
which minimum standards are prescribed by the state board of	8786
education pursuant to division (D) of section 3301.07 of the	8787
Revised Code.	8788

(K) "Number of enrolled credit hours" means the number of	8789
credit hours for a course in which a participant is enrolled	8790
during the previous term after the date on which a withdrawal from	8791
a course would have negatively affected the participant's	8792
transcripted grade, as prescribed by the college's established	8793
withdrawal policy.	8794

(L) "Parent" has the same meaning as in section 3313.64 of	8795
the Revised Code.	8796

(M) "Participant" means any student enrolled in a college	8797
under the program established by this chapter.	8798

(N) "Partnering college" means a college with which a public	8799
or nonpublic secondary school has entered into an agreement in	8800
order to offer the program established by this chapter.	8801

(O) "Partnering secondary school" means a public or nonpublic	8802
secondary school with which a college has entered into an	8803
agreement in order to offer the program established by this	8804
chapter.	8805

(P) "Private college" means any of the following:

8806

(1) A nonprofit institution holding a certificate of	8807
authorization pursuant to Chapter 1713. of the Revised Code;	8808

(2) An institution holding a certificate of registration from	8809
the state board of career colleges and schools and program	8810
authorization for an associate or bachelor's degree program issued	8811
under section 3332.05 of the Revised Code;	8812

(3) A private institution exempt from regulation under	8813
Chapter 3332. of the Revised Code as prescribed in section	8814
3333.046 of the Revised Code.	8815

(Q) "Public college" means a "state institution of higher	8816
education" in section 3345.011 of the Revised Code, excluding the	8817
northeast Ohio medical university.	8818

(R) "Public secondary school" means a school serving grades	8819
nine through twelve in a city, local, or exempted village school	8820
district, a joint vocational school district, a community school	8821
established under Chapter 3314., a STEM school established under	8822
Chapter 3326., or a college-preparatory boarding school	8823
established under Chapter 3328. of the Revised Code.	8824

(S) "School year" has the same meaning as in section 3313.62	8825
of the Revised Code.	8826

(T) "Secondary grade" means any of grades nine through	8827
twelve.	8828

(U) "Transcripted credit" means post-secondary credit that is	8829
conferred by an institution of higher education and is reflected	8830
on a student's official record at that institution upon completion	8831
of a course.	8832

Sec. 3365.02. (A) There is hereby established the college	8833
credit plus program under which, beginning with the 2015-2016	8834
school year, a secondary grade student who is a resident of this	8835
state may enroll at a college, on a full- or part-time basis, and	8836
complete nonsectarian, nonremedial courses for high school and	8837
college credit. The program shall govern arrangements in which a	8838
secondary grade student enrolls in a college and, upon successful	8839
completion of coursework taken under the program, receives	8840
transcripted credit from the college, except for any of the	8841
following:	8842

(1) An agreement governing an early college high school	8843
program that meets any of the exemption criteria under division	8844
(E) of section 3313.6013 of the Revised Code;	8845

(2) An advanced placement course or international	8846
baccalaureate diploma course, as described in divisions (A)(2) and	8847
(3) of section 3313.6013 of the Revised Code;	8848

(3) Until July 1, 2016, a career-technical education program	8849
that is approved by the department of education under section	8850
3317.161 of the Revised Code and grants articulated credit to	8851
students participating in that program.	8852

(B) Any student enrolled in a public or nonpublic secondary	8853
school in the student's ninth, tenth, eleventh, or twelfth grade;	8854
any student enrolled in a nonchartered nonpublic secondary school	8855
in the student's ninth, tenth, eleventh, or twelfth grade; and any	8856
student who has been excused from the compulsory attendance law	8857
for the purpose of home instruction under section 3321.04 of the	8858
Revised Code and is the equivalent of a ninth, tenth, eleventh, or	8859
twelfth grade student, may participate in the program, if the	8860
student meets the applicable eligibility criteria in section	8861
3365.03 of the Revised Code. If a nonchartered nonpublic secondary	8862
school student chooses to participate in the program, that student	8863
shall be subject to the same requirements as a home-instructed	8864
student who chooses to participate in the program under this	8865
chapter.	8866

(C) All public secondary schools and all public colleges	8867
shall participate in the program and are subject to the	8868
requirements of this chapter. Any nonpublic secondary school or	8869
private college that chooses to participate in the program shall	8870
also be subject to the requirements of this chapter.	8871

(D) The state board of education, in accordance with Chapter	8872
119. of the Revised Code and in consultation with the chancellor	8873
of the Ohio board of regents, shall adopt rules governing the	8874
program.	8875

Sec. 3365.03. (A) A student enrolled in a public or nonpublic	8876
secondary school during the student's ninth, tenth, eleventh, or	8877
twelfth grade school year; a student enrolled in a nonchartered	8878
nonpublic secondary school in the student's ninth, tenth,	8879
eleventh, or twelfth grade school year; or a student who has been	8880
excused from the compulsory attendance law for the purpose of home	8881
instruction under section 3321.04 of the Revised Code and is the	8882
equivalent of a ninth, tenth, eleventh, or twelfth grade student,	8883
may apply to and enroll in a college under the college credit plus	8884
program.	8885

(1) In order for a public secondary school student to	8886
participate in the program, all of the following criteria shall be	8887
met:	8888

(a) The student or the student's parent shall inform the	8889
principal, or equivalent, of the student's school by the first day	8890
of April of the student's intent to participate in the program	8891
during the following school year. Any student who fails to provide	8892
the notification by the required date may not participate in the	8893
program during the following school year without the written	8894
consent of the principal, or equivalent. If a student seeks	8895
consent from the principal after failing to provide notification	8896
by the required date, the principal shall notify the department of	8897
education of the student's intent to participate within ten days	8898
of the date on which the student seeks consent. If the principal	8899
does not provide written consent, the student may appeal the	8900
principal's decision to the state board of education. Not later	8901
than thirty days after the notification of the appeal, the state	8902
board shall hear the appeal and shall make a decision to either	8903
grant or deny that student's participation in the program.	8904

(b) The student shall both:

8905

(i) Apply to a public or a participating private college, or	8906
an eligible out-of-state college participating in the program, in	8907
accordance with the college's established procedures for	8908
admission, pursuant to section 3365.05 of the Revised Code;	8909

(ii) Meet the college's established standards for admission	8910
and for course placement, including course-specific capacity	8911
limitations, pursuant to section 3365.05 of the Revised Code.	8912

(c) The student shall elect at the time of enrollment to	8913
participate under either division (A) or (B) of section 3365.06 of	8914
the Revised Code for each course under the program.	8915

(d) The student and the student's parent shall sign a form,	8916
provided by the school, stating that they have received the	8917
counseling required under division (B) of section 3365.04 of the	8918
Revised Code and that they understand the responsibilities they	8919
must assume in the program.	8920

(2) In order for a nonpublic secondary school student, a	8921
nonchartered nonpublic secondary school student, or a	8922
home-instructed student to participate in the program, both of the	8923
following criteria shall be met:	8924

(a) The student shall meet the criteria in divisions	8925
(A)(1)(b) and (c) of this section.	8926

(b)(i) If the student is enrolled in a nonpublic secondary	8927
school, that student shall send to the department of education a	8928
copy of the student's acceptance from a college and an	8929
application. The application shall be made on forms provided by	8930
the state board of education and shall include information about	8931
the student's proposed participation, including the school year in	8932
which the student wishes to participate; and the semesters or	8933
terms the student wishes to enroll during such year. The	8934
department shall mark each application with the date and time of	8935
receipt.	8936

(ii) If the student is enrolled in a nonchartered nonpublic	8937
secondary school or is home-instructed, the parent or guardian of	8938
that student shall notify the department by the first day of April	8939
prior to the school year in which the student wishes to	8940
participate.	8941

(B) Except as provided for in division (C) of this section	8942
and in sections 3365.031 and 3365.032 of the Revised Code:	8943

(1) No public secondary school shall prohibit a student	8944
enrolled in that school from participating in the program if that	8945
student meets all of the criteria in division (A)(1) of this	8946
section.	8947

(2) No participating nonpublic secondary school shall	8948
prohibit a student enrolled in that school from participating in	8949
the program if the student meets all of the criteria in division	8950
(A)(2) of this section and, if the student is enrolled under	8951
division (B) of section 3365.06 of the Revised Code, the student	8952
is awarded funding from the department in accordance with rules	8953
adopted by the state board, in consultation with the chancellor,	8954
pursuant to section 3365.071 of the Revised Code.	8955

(C) For purposes of this section, during the period of an	8956
expulsion imposed by a public secondary school, a student is	8957
ineligible to apply to enroll in a college under this section,	8958
unless the student is admitted to another public secondary or	8959
participating nonpublic secondary school. If a student is enrolled	8960
in a college under this section at the time the student is	8961
expelled, the student's status for the remainder of the college	8962
term in which the expulsion is imposed shall be determined under	8963
section 3365.032 of the Revised Code.	8964

(D) Upon a student's graduation from high school,	8965
participation in the college credit plus program shall not affect	8966
the student's eligibility at any public college for scholarships	8967
or for other benefits or opportunities that are available to	8968
first-time college students and are awarded by that college,	8969
regardless of the number of credit hours that the student	8970
completed under the program.	8971

~~Sec. 3365.06.~~ Sec. 3365.031. (A) A student in grade nine may not	8972
enroll in courses under this chapter for which the student elects	8973
under division (B) of section ~~3365.04~~3365.06 of the Revised Code	8974
to receive credit toward high school graduation for more than the	8975
equivalent of four academic school years. A student enrolling in	8976
courses under this chapter may not enroll in courses in which the	8977
student elects to receive credit toward high school graduation for	8978
more than the equivalent of:	8979

(1) Three academic school years, if the student so enrolls	8980
for the first time in grade ten;	8981

(2) Two academic school years, if the student so enrolls for	8982
the first time in grade eleven;	8983

(3) One academic school year, if the student so enrolls for	8984
the first time in grade twelve.	8985

~~These~~(B) The restrictions prescribed in division (A) of this	8986
section shall be reduced proportionately for any such student who	8987
enrolls in the program during the course of a school year in	8988
accordance with rules adopted under section 3365.02 of the Revised	8989
Code.	8990

~~(B) In considering the admission of any secondary student, a~~	8991
~~college shall give priority to its other students regarding~~	8992
~~enrollment in courses. However, once a student has been accepted~~	8993
~~in a course as a participant, the institution shall not displace~~	8994
~~the participant for another student.~~	8995

~~Sec. 3365.041.~~ Sec. 3365.032. (A) When a ~~school district~~	8996
~~superintendent, the governing authority of a community school, or~~	8997
~~the chief administrative officer of a STEM~~public secondary school	8998
expels a student under division (B) of section 3313.66 of the	8999
Revised Code or, for a college-preparatory boarding school	9000
established under Chapter 3328. of the Revised Code, in accordance	9001
with the school's bylaws adopted pursuant to section 3328.13 of	9002
the Revised Code, the ~~district~~ superintendent, ~~governing~~	9003
~~authority, or chief administrative officer~~or equivalent, shall	9004
send a written notice of the expulsion to any college in which the	9005
expelled student is enrolled under section 3365.03 of the Revised	9006
Code at the time the expulsion is imposed. The notice shall	9007
indicate the date the expulsion is scheduled to expire. The notice	9008
also shall indicate whether the ~~district board of education,~~	9009
~~community school governing authority, or the STEM~~ school has	9010
adopted a policy under section 3313.613 of the Revised Code or,	9011
for a college-preparatory boarding school, in accordance with the	9012
school's bylaws adopted pursuant to section 3328.13 of the Revised	9013
Code to deny high school credit for ~~post-secondary~~ courses taken	9014
under the college credit plus program during an expulsion. If the	9015
expulsion is extended under division (F) of section 3313.66 of the	9016
Revised Code or, for a college-preparatory boarding school, in	9017
accordance with the school's bylaws adopted pursuant to section	9018
3328.13 of the Revised Code, the ~~district~~ superintendent,	9019
~~community school governing authority, or STEM school chief~~	9020
~~administrative officer~~or equivalent, shall notify the college of	9021
the extension.	9022

(B) A college may withdraw its acceptance under section	9023
3365.03 of the Revised Code of a student who is expelled from	9024
school under division (B) of section 3313.66 of the Revised Code	9025
or, for a college-preparatory boarding school, in accordance with	9026
the school's bylaws adopted pursuant to section 3328.13 of the	9027
Revised Code. As provided in section 3365.03 of the Revised Code,	9028
regardless of whether the college withdraws its acceptance of the	9029
student for the college term in which the student is expelled, the	9030
student is ineligible to enroll in a college under that section	9031
for subsequent college terms during the period of the expulsion,	9032
unless the student enrolls in another public school ~~district or~~	9033
~~community school,~~ or a participating nonpublic school during that	9034
period.	9035

If a college withdraws its acceptance of an expelled student	9036
who elected either option of division (A)(1) or (2) of section	9037
~~3365.04~~3365.06 of the Revised Code, the college shall refund	9038
tuition and fees paid by the student in the same proportion that	9039
it refunds tuition and fees to students who voluntarily withdraw	9040
from the college at the same time in the term.	9041

If a college withdraws its acceptance of an expelled student	9042
who elected the option of division (B) of section ~~3365.04~~3365.06	9043
of the Revised Code, the public school ~~district, community school,~~	9044
~~or STEM school~~ shall not award high school credit for the college	9045
courses in which the student was enrolled at the time the college	9046
withdrew its acceptance, and any reimbursement under section	9047
3365.07 of the Revised Code ~~or through alternative funding~~	9048
~~agreements entered into under rules adopted under section 3365.12~~	9049
~~of the Revised Code~~ for the student's attendance prior to the	9050
withdrawal shall be the same as would be paid for a student who	9051
voluntarily withdrew from the college at the same time in the	9052
term. If the withdrawal results in the college's receiving no	9053
reimbursement, the college or secondary school may require the	9054
student to return or pay for ~~the~~any textbooks and materials it	9055
provided the student free of charge ~~under section 3365.08 of the~~	9056
~~Revised Code~~.	9057

(C) When a student who elected the option of division (B) of	9058
section ~~3365.04~~3365.06 of the Revised Code is expelled under	9059
division (B) of section 3313.66 of the Revised Code or, for a	9060
college-preparatory boarding school, in accordance with the	9061
school's bylaws adopted pursuant to section 3328.13 of the Revised	9062
Code from a public school ~~district, community school, or STEM~~	9063
~~school~~ that has adopted a policy under section 3313.613 of the	9064
Revised Code or, for a college-preparatory boarding school, in	9065
accordance with the school's bylaws adopted pursuant to section	9066
3328.13 of the Revised Code to deny high school credit for courses	9067
taken under the college credit plus program during an expulsion,	9068
that election is automatically revoked for all college courses in	9069
which the student is enrolled during the college term in which the	9070
expulsion is imposed. Any reimbursement under section 3365.07 of	9071
the Revised Code ~~or through alternative funding agreements entered~~	9072
~~into under rules adopted under section 3365.12 of the Revised Code~~	9073
for the student's attendance prior to the expulsion shall be the	9074
same as would be paid for a student who voluntarily withdrew from	9075
the college at the same time in the term. If the revocation	9076
results in the college's receiving no reimbursement, the college	9077
or secondary school may require the student to return or pay for	9078
~~the~~any textbooks and materials it provided the student free of	9079
charge ~~under section 3365.08 of the Revised Code~~.	9080

NoNot later than five days after receiving an expulsion	9081
notice from the superintendent ~~of a district, the governing~~	9082
~~authority of a community school, or the chief administrative~~	9083
~~officer of a STEM~~, or equivalent, of a public school that has	9084
adopted a policy under section 3313.613 of the Revised Code or,	9085
for a college-preparatory boarding school, in accordance with the	9086
school's bylaws adopted pursuant to section 3328.13 of the Revised	9087
Code, the college shall send a written notice to the expelled	9088
student that the student's election of division (B) of section	9089
~~3365.04~~3365.06 of the Revised Code is revoked. If the college	9090
elects not to withdraw its acceptance of the student, the student	9091
shall pay all applicable tuition and fees for the college courses	9092
and shall pay for ~~the~~any textbooks and materials that the college	9093
or secondary school provided ~~under section 3365.08 of the Revised~~	9094
~~Code~~to the student.	9095

Sec. 3365.033. (A) Notwithstanding anything to the contrary	9096
in Chapter 3365. of the Revised Code, any student enrolled in a	9097
public or nonpublic secondary school in the student's seventh or	9098
eighth grade; any student enrolled in a nonchartered nonpublic	9099
secondary school in the student's seventh or eighth grade; and any	9100
student who has been excused from the compulsory attendance law	9101
for the purpose of home instruction under section 3321.04 of the	9102
Revised Code and is the equivalent of a seventh or eighth grade	9103
student, may participate in the college credit plus program, if	9104
the student meets the applicable eligibility criteria required of	9105
secondary grade students for participation. Participants under	9106
this section shall be subject to the same requirements as	9107
secondary grade participants under this chapter.	9108

(B) Participants under this section shall receive high school	9109
and college credit for courses taken under the program, in	9110
accordance with the option elected under section 3365.06 of the	9111
Revised Code. High school credit earned under the program shall be	9112
awarded in the same manner as for secondary grade participants.	9113

(C) If a participant under this section elects to have the	9114
college reimbursed under section 3365.07 of the Revised Code for	9115
courses taken under the program, the department shall reimburse	9116
the college in the same manner as for secondary grade participants	9117
in accordance with that section.	9118

(D) Notwithstanding section 3327.01 of the Revised Code, the	9119
parent or guardian of a participant under this section shall be	9120
responsible for any transportation for the participant related to	9121
participation in the program.	9122

Sec. 3365.04. Each public and participating nonpublic	9123
secondary school shall do all of the following with respect to the	9124
college credit plus program:	9125

(A) Provide information about the program prior to the first	9126
day of March of each year to all students enrolled in grades six	9127
through eleven;	9128

(B) Provide counseling services to students in grades six	9129
through eleven and to their parents before the students	9130
participate in the program under this chapter to ensure that	9131
students and parents are fully aware of the possible consequences	9132
and benefits of participation. Counseling information shall	9133
include:	9134

(1) Program eligibility;

9135

(2) The process for granting academic credits;

9136

(3) Any necessary financial arrangements for tuition,	9137
textbooks, and fees;	9138

(4) Criteria for any transportation aid;

9139

(5) Available support services;

9140

(6) Scheduling;

9141

(7) Communicating the possible consequences and benefits of	9142
participation, including all of the following:	9143

(a) The consequences of failing or not completing a course	9144
under the program, including the effect on the student's ability	9145
to complete the secondary school's graduation requirements;	9146

(b) The effect of the grade attained in a course under the	9147
program being included in the student's grade point average, as	9148
applicable;	9149

(c) The benefits to the student for successfully completing a	9150
course under the program, including the ability to reduce the	9151
overall costs of, and the amount of time required for, a college	9152
education.	9153

(8) The academic and social responsibilities of students and	9154
parents under the program;	9155

(9) Information about and encouragement to use the counseling	9156
services of the college in which the student intends to enroll;	9157

(10) The standard packet of information for the program	9158
developed by the chancellor of the Ohio board of regents pursuant	9159
to section 3365.15 of the Revised Code;	9160

For a participating nonpublic secondary school, counseling	9161
information shall also include an explanation that funding may be	9162
limited and that not all students who wish to participate may be	9163
able to do so.	9164

(C) Promote the program on the school's web site, including	9165
the details of the school's current agreements with partnering	9166
colleges;	9167

(D) Schedule at least one informational session per school	9168
year to allow each partnering college that is located within	9169
thirty miles of the school to meet with interested students and	9170
parents. The session shall include the benefits and consequences	9171
of participation and shall outline any changes or additions to the	9172
requirements of the program. If there are no partnering colleges	9173
located within thirty miles of the school, the school shall	9174
coordinate with the closest partnering college to offer an	9175
informational session.	9176

(E) Implement a policy for the awarding of grades and the	9177
calculation of class standing for courses taken under division	9178
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy	9179
adopted under this division shall be equivalent to the school's	9180
policy for courses taken under the advanced standing programs	9181
described in divisions (A)(2) and (3) of section 3313.6013 of the	9182
Revised Code or for other courses designated as honors courses by	9183
the school. If the policy includes awarding a weighted grade or	9184
enhancing a student's class standing for these courses, the policy	9185
adopted under this section shall also provide for these procedures	9186
to be applied to courses taken under the college credit plus	9187
program.	9188

(F) Develop model course pathways, pursuant to section	9189
3365.13 of the Revised Code, and publish the course pathways among	9190
the school's official list of course offerings for the program.	9191

(G) Annually collect, report, and track specified data	9192
related to the program according to data reporting guidelines	9193
adopted by the chancellor and the superintendent of public	9194
instruction pursuant to section 3365.15 of the Revised Code.	9195

Sec. 3365.05. Each public and participating private college	9196
shall do all of the following with respect to the college credit	9197
plus program:	9198

(A) Apply established standards and procedures for admission	9199
to the college and for course placement for participants. When	9200
determining admission and course placement, the college shall do	9201
all of the following:	9202

(1) Consider all available student data that may be an	9203
indicator of college readiness, including grade point average and	9204
end-of-course examination scores, if applicable;	9205

(2) Give priority to its current students regarding	9206
enrollment in courses. However, once a participant has been	9207
accepted into a course, the college shall not displace the	9208
participant for another student.	9209

(3) Adhere to any capacity limitations that the college has	9210
established for specified courses.	9211

(B) Send written notice to a participant, the participant's	9212
parent, the participant's secondary school, and the superintendent	9213
of public instruction, not later than fourteen calendar days prior	9214
to the first day of classes for that term, of the participant's	9215
admission to the college and to specified courses under the	9216
program.	9217

(C) Provide both of the following, not later than twenty-one	9218
calendar days after the first day of classes for that term, to	9219
each participant, participant's secondary school, and the	9220
superintendent of public instruction:	9221

(1) The courses and hours of enrollment of the participant;

9222

(2) The option elected by the participant under division (A)	9223
or (B) of section 3365.06 of the Revised Code for each course.	9224

The college shall also provide to each partnering school a	9225
roster of participants from that school that are enrolled in the	9226
college and a list of course assignments for each participant.	9227

(D) Promote the program on the college's web site, including	9228
the details of the college's current agreements with partnering	9229
secondary schools.	9230

(E) Coordinate with each partnering secondary school that is	9231
located within thirty miles of the college to present at least one	9232
informational session per school year for interested students and	9233
parents. The session shall include the benefits and consequences	9234
of participation and shall outline any changes or additions to the	9235
requirements of the program. If there are no partnering schools	9236
located within thirty miles of the college, the college shall	9237
coordinate with the closest partnering school to offer an	9238
informational session.	9239

(F) Assign an academic advisor that is employed by the	9240
college to each participant enrolled in that college. Prior to the	9241
date on which a withdrawal from a course would negatively affect a	9242
participant's transcripted grade, as prescribed by the college's	9243
established withdrawal policy, the college shall ensure that the	9244
academic advisor and the participant meet at least once to discuss	9245
the program and the courses in which the participant is enrolled.	9246

(G) Do both of the following with regard to high school	9247
teachers that are teaching courses for the college at a secondary	9248
school under the program:	9249

(1) Provide at least one professional development session per	9250
school year;	9251

(2) Conduct at least one classroom observation per school	9252
year for each course that is authorized by the college and taught	9253
by a high school teacher to ensure that the course meets the	9254
quality of a college-level course.	9255

(H) Annually collect, report, and track specified data	9256
related to the program according to data reporting guidelines	9257
adopted by the chancellor and the superintendent of public	9258
instruction pursuant to section 3365.15 of the Revised Code.	9259

(I) With the exception of divisions (D) and (E) of this	9260
section, any eligible out-of-state college participating in the	9261
college credit plus program shall be subject to the same	9262
requirements as a participating private college under this	9263
section.	9264

~~Sec. 3365.04.~~ Sec. 3365.06. The rules adopted under section	9265
3365.02 of the Revised Code shall provide for ~~students~~	9266
participants to enroll in courses under either of the following	9267
options:	9268

(A) The ~~student~~participant may elect at the time of	9269
enrollment to be responsible for payment of all tuition and the	9270
cost of all textbooks, materials, and fees associated with the	9271
course. The college shall notify the ~~student~~participant about	9272
payment of tuition and fees in the customary manner followed by	9273
the college. A ~~student~~participant electing this option also shall	9274
elect, at the time of enrollment, whether to receive only college	9275
credit or high school credit and college credit for the course.	9276

(1) The ~~student~~participant may elect to receive only college	9277
credit for the course. Except as provided in section ~~3365.041~~	9278
3365.032 of the Revised Code, if the ~~student~~participant	9279
successfully completes the course, the college shall award the	9280
~~student~~participant full credit for the course, but the ~~board of~~	9281
~~education, community school governing authority, STEM~~governing	9282
entity of a public secondary school, or ~~nonpublic~~the governing	9283
body of a participating nonpublic secondary school shall not award	9284
the high school credit.	9285

(2) The ~~student~~participant may elect to receive both high	9286
school credit and college credit for the course. Except as	9287
provided in section ~~3365.041~~3365.032 of the Revised Code, if the	9288
~~student~~participant successfully completes the course, the college	9289
shall award the ~~student~~participant full credit for the course and	9290
the ~~board of education, community school governing authority, STEM~~	9291
governing entity of a public school, or the governing body of a	9292
participating nonpublic school shall award the ~~student~~participant	9293
high school credit.	9294

(B) The ~~student~~participant may elect at the time of	9295
enrollment for each course to have the college reimbursed under	9296
section 3365.07 of the Revised Code ~~or as provided in alternative~~	9297
~~funding agreements entered into under rules adopted under section~~	9298
~~3365.12 of the Revised Code~~. Except as provided in section	9299
~~3365.041~~3365.032 of the Revised Code, if the ~~student~~participant	9300
successfully completes the course, the college shall award the	9301
~~student~~participant full credit for the course,and the ~~board of~~	9302
~~education, community school governing authority, STEM~~governing	9303
entity of a public school, or the governing body of a	9304
participating nonpublic school shall award the ~~student~~participant	9305
high school credit~~, and the college shall be reimbursed in~~	9306
~~accordance with section 3365.07 of the Revised Code or alternative~~	9307
~~funding agreements entered into under rules adopted under section~~	9308
~~3365.12 of the Revised Code~~. If the participant elects to have the	9309
college reimbursed under this division, the department shall	9310
reimburse the college for the number of enrolled credit hours in	9311
accordance with section 3365.07 of the Revised Code.	9312

When determining a school district's ~~formula ADM~~enrollment	9313
under section 3317.03 of the Revised Code, the time a participant	9314
is attending courses under division (A) of this section shall be	9315
considered as time the participant is not attending or enrolled in	9316
school anywhere, and the time a participant is attending courses	9317
under division (B) of this section shall be considered as time the	9318
participant is attending or enrolled in the district's schools.	9319

Sec. 3365.07. The department of education shall calculate	9320
and pay state funds to colleges for participants in the college	9321
credit plus program under division (B) of section 3365.06 of the	9322
Revised Code pursuant to this section. For a nonpublic secondary	9323
school participant, a nonchartered nonpublic secondary school	9324
participant, or a home-instructed participant, the department	9325
shall pay state funds pursuant to this section only if that	9326
participant is awarded funding according to rules adopted by the	9327
state board of education, in consultation with the chancellor of	9328
the Ohio board of regents, pursuant to section 3365.071 of the	9329
Revised Code. The program shall be the sole mechanism by which	9330
state funds are paid to colleges for students to earn	9331
college-level credit while enrolled in a secondary school, with	9332
the exception of the programs listed in division (A) of section	9333
3365.02 of the Revised Code.	9334

(A) For each public or nonpublic secondary school participant	9335
enrolled in a public college:	9336

(1) If no agreement has been entered into under division	9337
(A)(2) of this section, both of the following shall apply:	9338

(a) The department shall pay to the college the applicable	9339
amount as follows:	9340

(i) For a participant enrolled in a college course delivered	9341
on the college campus, at another location operated by the	9342
college, or online, the default ceiling amount;	9343

(ii) For a participant enrolled in a college course delivered	9344
at the participant's secondary school but taught by college	9345
faculty, fifty per cent of the default ceiling amount;	9346

(iii) For a participant enrolled in a college course	9347
delivered at the participant's secondary school and taught by a	9348
high school teacher who has met the credential requirements	9349
established for purposes of the program in rules adopted by the	9350
chancellor of the Ohio board of regents, the default floor amount.	9351

(b) The participant's secondary school shall pay for	9352
textbooks, and the college shall waive payment of all other fees	9353
related to participation in the program.	9354

(2) The governing entity of a participant's secondary school	9355
and the college may enter into an agreement to establish an	9356
alternative payment structure for tuition, textbooks, and fees.	9357
Under such an agreement, payments for each participant made by the	9358
department shall be not less than the default floor amount and not	9359
more than the default ceiling amount. If no agreement is entered	9360
into under division (A)(2) of this section, both of the following	9361
shall apply:	9362

(a) The department shall pay to the college the applicable	9363
default amounts prescribed by division (A)(1)(a) of this section,	9364
depending upon the method of delivery and instruction.	9365

(b) In accordance with division (A)(1)(b) of this section,	9366
the participant's secondary school shall pay for textbooks, and	9367
the college shall waive payment of all other fees related to	9368
participation in the program.	9369

(3) No participant that is enrolled in a public college shall	9370
be charged for any tuition, textbooks, or other fees related to	9371
participation in the program.	9372

(B) For each public secondary school participant enrolled in	9373
a private college:	9374

(1) If no agreement has been entered into under division	9375
(B)(2) of this section, the department shall pay to the college	9376
the applicable amount calculated in the same manner as in division	9377
(A)(1)(a) of this section.	9378

(2) The governing entity of a participant's secondary school	9379
and the college may enter into an agreement to establish an	9380
alternative payment structure for tuition, textbooks, and fees.	9381
Under such an agreement, payments shall be not less than the	9382
default floor amount and not more than the default ceiling amount.	9383

If an agreement is entered into under division (B)(2) of this	9384
section, both of the following shall apply:	9385

(a) The department shall make a payment to the college for	9386
each participant that is equal to the default floor amount.	9387

(b) Payment for costs for the participant that exceed the	9388
default floor amount paid by the department pursuant to division	9389
(B)(2)(a) of this section shall be negotiated by the school and	9390
the college. The agreement may include a stipulation permitting	9391
the charging of a participant.	9392

However, under no circumstances shall:

9393

(i) Payments for a participant made by the department under	9394
this division (B)(2) of this section exceed the default ceiling	9395
amount;	9396

(ii) The amount charged to a participant under division	9397
(B)(2) of this section exceed the difference between the maximum	9398
per participant charge amount and the default floor amount;	9399

(iii) The sum of the payments made by the department for a	9400
participant and the amount charged to that participant under	9401
division (B)(2) of this section exceed the maximum per participant	9402
charge amount;	9403

(iv) A participant that is identified as economically	9404
disadvantaged according to rules adopted by the department be	9405
charged under division (B)(2) of this section for any tuition,	9406
textbooks, or other fees related to participation in the program.	9407

(C) For each nonpublic secondary school participant enrolled	9408
in a private or eligible out-of-state college, the department	9409
shall pay to the college the applicable amount calculated in the	9410
same manner as in division (A)(1)(a) of this section. Payment for	9411
costs for the participant that exceed the amount paid by the	9412
department shall be negotiated by the governing body of the	9413
nonpublic secondary school and the college.	9414

However, under no circumstances shall:

9415

(1) The payments for a participant made by the department	9416
under this division exceed the default ceiling amount.	9417

(2) Any nonpublic secondary school participant, who is	9418
enrolled in that secondary school with a scholarship awarded under	9419
either the educational choice scholarship pilot program, as	9420
prescribed by sections 3310.01 to 3310.17, or the pilot project	9421
scholarship program, as prescribed by sections 3313.974 to	9422
3313.979 of the Revised Code, and who qualifies as a low-income	9423
student under either of those programs, be charged for any	9424
tuition, textbooks, or other fees related to participation in the	9425
college credit plus program.	9426

(D) For each nonchartered nonpublic secondary school	9427
participant and each home-instructed participant enrolled in a	9428
public, private, or eligible out-of-state college, the department	9429
shall pay to the college the default ceiling amount, if that	9430
participant is enrolled in a college course delivered on the	9431
college campus, at another location operated by the college, or	9432
online.	9433

(E) Not later than thirty days after the end of each term,	9434
each college expecting to receive payment for the costs of a	9435
participant under this section shall notify the department of the	9436
number of enrolled credit hours for each participant.	9437

(F) Each January and July, or as soon as possible thereafter,	9438
the department shall make the applicable payments under this	9439
section to each college, which provided proper notification to the	9440
department under division (E) of this section, for the number of	9441
enrolled credit hours for participants enrolled in the college	9442
under division (B) of section 3365.06 of the Revised Code. The	9443
department shall not make any payments to a college under this	9444
section if a participant withdrew from a course prior to the date	9445
on which a withdrawal from the course would have negatively	9446
affected the participant's transcripted grade, as prescribed by	9447
the college's established withdrawal policy.	9448

(1) Payments made for public secondary school participants	9449
under this section shall be deducted from the school foundation	9450
payments made to the participant's school district or, if the	9451
participant is enrolled in a community school, a STEM school, or a	9452
college-preparatory boarding school, from the payments made to	9453
that school under section 3314.08, 3326.33, or 3328.34 of the	9454
Revised Code. If the participant is enrolled in a joint vocational	9455
school district, a portion of the amount shall be deducted from	9456
the payments to the joint vocational school district and a portion	9457
shall be deducted from the payments to the participant's city,	9458
local, or exempted village school district in accordance with the	9459
full-time equivalency of the student's enrollment in each	9460
district. Amounts deducted under division (F)(1) of this section	9461
shall be calculated in accordance with rules adopted by the state	9462
board of education, pursuant to division (B) of section 3365.071	9463
of the Revised Code.	9464

(2) Payments made for nonpublic secondary school	9465
participants, nonchartered nonpublic secondary school	9466
participants, and home-instructed participants under this section	9467
shall be deducted from moneys appropriated by the general assembly	9468
for such purpose. Payments shall be allocated and distributed in	9469
accordance with rules adopted by the state board, in consultation	9470
with the chancellor of the Ohio board of regents, pursuant to	9471
division (A) of section 3365.071 of the Revised Code.	9472

(G) Any public college that enrolls a student under division	9473
(B) of section 3365.06 of the Revised Code may include that	9474
student in the calculation used to determine its state share of	9475
instruction funds appropriated to the Ohio board of regents by the	9476
general assembly.	9477

Sec. 3365.071. (A) The state board of education, in	9478
accordance with Chapter 119. of the Revised Code and in	9479
consultation with the chancellor of the Ohio board of regents,	9480
shall adopt rules prescribing a method to allocate and distribute	9481
payments under section 3365.07 of the Revised Code for nonpublic	9482
secondary school participants, nonchartered nonpublic secondary	9483
school participants, and home-instructed participants. The rules	9484
shall include that payments made for nonchartered nonpublic	9485
secondary school participants be made in the same manner as	9486
payments for home-instructed participants under that section.	9487

(B) The state board shall also adopt rules establishing a	9488
method to calculate the amounts deducted from a joint vocational	9489
school district and from a participant's city, local, or exempted	9490
village school district for payments under section 3365.07 of the	9491
Revised Code.	9492

Sec. 3365.08. (A) ~~A college that expects to receive or~~	9493
~~receives reimbursement under section 3365.07 of the Revised Code~~	9494
~~or through alternative funding agreements entered into under rules~~	9495
~~adopted under section 3365.12 of the Revised Code shall furnish to~~	9496
~~a participant all textbooks and materials directly related to a~~	9497
~~course taken by the participant under division (B) of section~~	9498
~~3365.04 of the Revised Code. No college shall charge such~~	9499
~~participant for tuition, textbooks, materials, or other fees~~	9500
~~directly related to any such course.~~	9501

~~(B)~~ No ~~student~~participant enrolled under this chapter in a	9502
course for which credit toward high school graduation is awarded	9503
shall receive direct financial aid through any state or federal	9504
program.	9505

~~(C)~~(B) If a school district provides transportation for	9506
resident school students in grades eleven and twelve under section	9507
3327.01 of the Revised Code, a parent of a ~~pupil~~participant	9508
enrolled in a course under division (A)(2) or (B) of section	9509
~~3365.04~~3365.06 of the Revised Code may apply to the board of	9510
education for full or partial reimbursement for the necessary	9511
costs of transporting the ~~student~~participant between the	9512
secondary school the ~~student~~participant attends and the college	9513
in which the ~~student~~participant is enrolled. Reimbursement may be	9514
paid solely from funds received by the district for ~~pupil~~student	9515
transportation under section 3317.0212 of the Revised Code or	9516
other provisions of law. The state board of education shall	9517
establish guidelines, based on financial need, under which a	9518
district may provide such reimbursement.	9519

~~(D)~~(C) If a community school provides or arranges	9520
transportation for its ~~pupils~~students in grades nine through	9521
twelve under section 3314.091 of the Revised Code, a parent of a	9522
~~pupil~~participant of the community school who is enrolled in a	9523
course under division (A)(2) or (B) of section ~~3365.04~~3365.06 of	9524
the Revised Code may apply to the governing authority of the	9525
community school for full or partial reimbursement of the	9526
necessary costs of transporting the ~~student~~participant between	9527
the community school and the college. The governing authority may	9528
pay the reimbursement in accordance with the state board's rules	9529
adopted under division ~~(C)~~(B) of this section solely from funds	9530
paid to it under section 3314.091 of the Revised Code.	9531

~~Sec. 3365.11.~~ Sec. 3365.09. (A) IfExcept as provided for in	9532
division (C) of this section, if the superintendent ~~of the school~~	9533
~~district or the chief administrator of the community school or~~	9534
~~STEM~~, or equivalent, of a public secondary school in which a	9535
participant is enrolled determines that the participant has not	9536
attained a passing final grade in a college course in which the	9537
participant enrolled under this chapter, the superintendent, or	9538
~~chief administrator shall~~equivalent, may seek reimbursement from	9539
the participant or the participant's parent for the amount of	9540
state funds paid to the college on behalf of the participant for	9541
that college course. The ~~board of education of the school~~	9542
~~district, the governing authority of the community school, or the~~	9543
~~STEM~~governing entity of a public school, in accordance with	9544
division (C) of section 3313.642 of the Revised Code, may withhold	9545
grades and credits received by the participant for ~~district or~~	9546
~~community~~high school courses taken by the participant until the	9547
participant or the participant's parent provides reimbursement.	9548

(B) IfExcept as provided for in division (C) of this	9549
section, if the chief administrator of ~~the~~a participating	9550
nonpublic school in which a participant is enrolled determines	9551
that the participant has not attained a passing final grade in a	9552
college course in which the participant enrolled under this	9553
chapter, the chief administrator ~~shall~~may seek reimbursement from	9554
the participant or the participant's parent for the amount of	9555
state funds paid to the college on behalf of the participant for	9556
enrollment in that college course. Upon the collection of any	9557
funds from a participant or participant's parent under this	9558
division, the chief administrator of a nonpublic school shall send	9559
an amount equal to the funds collected to the superintendent of	9560
public instruction. The superintendent of public instruction shall	9561
credit that amount to the general revenue fund.	9562

(C) Unless the participant was expelled by the school, the	9563
superintendent, or equivalent, or chief administrator shall not	9564
seek reimbursement from a participant or a participant's parent	9565
under division (A) or (B) of this section, if the participant is	9566
identified as economically disadvantaged according to rules	9567
adopted by the department of education.	9568

Sec. 3365.10. (A) Any public or participating nonpublic	9569
secondary school or any public or participating private college,	9570
including a secondary school and an associated college operating	9571
an early college high school program, may apply to the chancellor	9572
of the Ohio board of regents and the superintendent of public	9573
instruction for a waiver from the requirements of the college	9574
credit plus program. The chancellor and the superintendent may	9575
grant a waiver under this section for an agreement governing an	9576
early college high school program or for a proposed agreement	9577
between a public or participating nonpublic secondary school and a	9578
public or participating private or out-of-state college, only if	9579
the agreement does both of the following:	9580

(1) Includes innovative programming proposed to exclusively	9581
address the needs of underrepresented student subgroups;	9582

(2) Meets all criteria set forth in rules adopted by the	9583
chancellor and the superintendent pursuant to division (C) of this	9584
section.	9585

(B) Any waiver granted under this section shall apply only to	9586
the agreement for which the waiver is granted and shall not apply	9587
to any other agreement that the school or college enters into	9588
under this chapter.	9589

(C) The chancellor and the superintendent of public	9590
instruction shall jointly adopt rules, in accordance with Chapter	9591
119. of the Revised Code, regarding the granting of waivers under	9592
this section.	9593

(D) As used in this section, "associated college" and "early	9594
college high school program" have the same meanings as in section	9595
3313.6013 of the Revised Code.	9596

Sec. 3365.11. Each instructor teaching a course under the	9597
college credit plus program shall meet the credential requirements	9598
set forth in guidelines and procedures established by the	9599
chancellor of the Ohio board of regents. If the guidelines require	9600
high school teachers to take any additional graduate-level	9601
coursework in order to meet the credential requirements, that	9602
coursework shall be applicable to continuing education and	9603
professional development requirements for the renewal of the	9604
teacher's educator license.	9605

~~Sec. 3365.05.~~ Sec. 3365.12. (A) All courses offered under the	9606
college credit plus program shall be the same courses that are	9607
included in the partnering college's course catalogue for	9608
college-level, nonremedial courses and shall apply to at least one	9609
degree or professional certification at the partnering college.	9610

(B)(1) High school credit awarded for courses successfully	9611
completed under this chapter shall count toward the graduation	9612
requirements and subject area requirements of the ~~school district,~~	9613
~~community school, STEM~~public secondary school, or participating	9614
nonpublic secondary school. If a course comparable to one a	9615
~~student~~participant completed at a college is offered by the	9616
~~district or~~ school, the ~~board or school~~governing entity or	9617
governing body shall award comparable credit for the course	9618
completed at the college. If no comparable course is offered by	9619
the ~~district or~~ school, the ~~board or school~~governing entity or	9620
governing body shall grant an appropriate number of elective	9621
credits ~~in a similar subject area~~ to the ~~student~~participant.	9622

(2) If there is a dispute between a ~~school district board, a~~	9623
~~community school governing authority, or a STEM~~participant's	9624
school and a ~~student~~participant regarding high school credits	9625
granted for a course, the ~~student~~participant may appeal the	9626
decision to the state board of education. The state board's	9627
decision regarding any high school credits granted under this	9628
section is final.	9629

(C) Evidence of successful completion of each course and the	9630
high school credits awarded by the ~~district or~~ school shall be	9631
included in the student's record. The record shall indicate that	9632
the credits were earned as a participant under this chapter and	9633
shall include the name of the college at which the credits were	9634
earned. ~~The district or school shall determine whether and the~~	9635
~~manner in which the grade achieved in a course completed at a~~	9636
~~college under division (A)(2) or (B) of section 3365.04 of the~~	9637
~~Revised Code will be counted in any cumulative grade point average~~	9638
~~maintained for the student.~~	9639

Sec. 3365.13. (A) Each public secondary school shall	9640
develop, in consultation with at least one public partnering	9641
college, two model pathways for courses offered under the college	9642
credit plus program. One of the model pathways shall be a	9643
fifteen-credit hour pathway and one shall be a thirty-credit hour	9644
pathway. Each pathway shall include courses which, once completed,	9645
all apply to at least one degree or professional certification	9646
offered at the college. The pathways may be organized by desired	9647
major or career path or may include various core courses required	9648
for a degree or professional certification by the college. The	9649
school shall publish the pathways among the school's official list	9650
of course offerings from which a participant may select.	9651

(B) No participant shall be required to enroll only in the	9652
courses included in a model pathway developed under division (A)	9653
of this section. Instead, the pathways shall serve as samples of	9654
the courses that a participant may take, if desired, to earn	9655
multiple credits toward a specified degree or certification.	9656

Sec. 3365.15. The chancellor of the Ohio board of regents	9657
and the superintendent of public instruction jointly shall do all	9658
of the following:	9659

(A) Adopt data reporting guidelines specifying the types of	9660
data that public and participating nonpublic secondary schools and	9661
public and participating private colleges, including eligible	9662
out-of-state colleges participating in the program, must annually	9663
collect, report, and track under division (G) of section 3365.04	9664
and division (H) of section 3365.05 of the Revised Code. The types	9665
of data shall include all of the following:	9666

(1) For each secondary school and college:

9667

(a) The number of participants disaggregated by grade level,	9668
socioeconomic status, race, gender, and disability;	9669

(b) The number of completed courses and credit hours,	9670
disaggregated by the college in which participants were enrolled;	9671

(c) The number of courses in which participants enrolled,	9672
disaggregated by subject area and level of difficulty.	9673

(2) For each secondary school, the number of students who	9674
were denied participation in the program under division (A)(1)(a)	9675
or (C) of section 3365.03 or section 3365.031 or 3365.032 of the	9676
Revised Code. Each participating nonpublic secondary school shall	9677
also include the number of students who were denied participation	9678
due to the student not being awarded funding by the department of	9679
education pursuant to section 3365.071 of the Revised Code.	9680

(3) For each college:

9681

(a) The number of students who applied to enroll in the	9682
college under the program but were not granted admission;	9683

(b) The average number of completed courses per participant;

9684

(c) The average grade point average for participants in	9685
college courses under the program.	9686

The guidelines adopted under this division shall also include	9687
policies and procedures for the collection, reporting, and	9688
tracking of such data.	9689

(B) Annually compile the data required under division (A) of	9690
this section. Not later than the thirty-first day of December of	9691
each year, the data from the previous school year shall be posted	9692
in a prominent location on both the board of regents' and the	9693
department of education's web sites.	9694

(C) Submit a biennial report detailing the status of the	9695
college credit plus program to the governor, the president of the	9696
senate, the speaker of the house of representatives, and the	9697
chairpersons of the education committees of the senate and house	9698
of representatives. The first report shall be submitted not later	9699
than December 31, 2017, and each subsequent report shall be	9700
submitted not later than the thirty-first day of December every	9701
two years thereafter.	9702

(D) Establish a college credit plus advisory committee to	9703
assist in the development of performance metrics and the	9704
monitoring of the program's progress. At least one member of the	9705
advisory committee shall be a school guidance counselor.	9706

The chancellor shall also, in consultation with the	9707
superintendent, create a standard packet of information for the	9708
college credit plus program directed toward students and parents	9709
that are interested in the program.	9710

Sec. 3707.511. (A) As used in this section~~, "physician"~~:

9711

(1) "Physician" means a person authorized under Chapter 4731.	9712
of the Revised Code to practice medicine and surgery or	9713
osteopathic medicine and surgery.	9714

(2) "Licensed health care professional" means an individual,	9715
other than a physician, who is authorized under Title XLVII of the	9716
Revised Code to practice a health care profession.	9717

(B) A youth sports organization shall provide to the parent,	9718
guardian, or other person having care or charge of an individual	9719
who wishes to practice for or compete in an athletic activity	9720
organized by a youth sports organization the concussion and head	9721
injury information sheet required by section 3707.52 of the	9722
Revised Code. The organization shall provide the information sheet	9723
annually for each sport or other category of athletic activity for	9724
or in which the individual practices or competes.	9725

(C)(1) No individual shall act as a coach or referee for a	9726
youth sports organization unless the individual holds a	9727
pupil-activity program permit issued under section 3319.303 of the	9728
Revised Code for coaching interscholastic athletics or presents	9729
evidence that the individual has successfully completed, within	9730
the previous three years, a training program in recognizing the	9731
symptoms of concussions and head injuries to which the department	9732
of health has provided a link on its internet web site under	9733
section 3707.52 of the Revised Code.	9734

(2) The youth sports organization for which the individual	9735
intends to act as a coach or referee shall inform the individual	9736
of the requirement described in division (C)(1) of this section.	9737

(D) If an individual practicing for or competing in an	9738
athletic event organized by a youth sports organization exhibits	9739
signs, symptoms, or behaviors consistent with having sustained a	9740
concussion or head injury while participating in the practice or	9741
competition, the individual shall be removed from the practice or	9742
competition by one of the following:	9743

(1) The individual who is serving as the individual's coach	9744
during that practice or competition;	9745

(2) An individual who is serving as a referee during that	9746
practice or competition;	9747

(3) An official of the youth sports organization who is	9748
supervising that practice or competition.	9749

(E)(1) If an individual is removed from practice or	9750
competition under division (D) of this section, the coach,	9751
referee, or official who removed the individual shall not allow	9752
the individual, on the same day the individual is removed, to	9753
return to that practice or competition or to participate in any	9754
other practice or competition for which the coach, referee, or	9755
official is responsible. Thereafter, the coach, referee, or	9756
official shall not allow the student to return to that practice or	9757
competition or to participate in any other practice or competition	9758
for which the coach, referee, or official is responsible until	9759
both of the following conditions are satisfied:	9760

(a) The individual's condition is assessed by ~~either~~any of	9761
the following who has complied with the requirements in division	9762
(E)(4) of this section:	9763

(i) A physician;

9764

(ii) ~~Any other~~A licensed health care ~~provider~~professional	9765
the youth sports organization, pursuant to division (E)(2) of this	9766
section, authorizes to assess an individual who has been removed	9767
from practice or competition under division (D) of this section;	9768

(iii) A licensed health care professional who meets the	9769
minimum education and continuing education requirements	9770
established by rules adopted under section 3707.521 of the Revised	9771
Code.	9772

(b) The individual receives written clearance that it is safe	9773
for the individual to return to practice or competition from athe	9774
physician or ~~from another~~ licensed health care ~~provider~~	9775
~~authorized pursuant to division (E)(2) of this section to grant~~	9776
~~the clearance~~professional who assessed the individual's	9777
condition.	9778

(2) A youth sports organization may authorize a licensed	9779
health care ~~provider who is not a physician~~professional to make	9780
an assessment or grant a clearance for purposes of division (E)(1)	9781
of this section only if the ~~provider~~professional is acting in	9782
accordance with one of the following, as applicable to the	9783
~~provider's~~professional's authority to practice in this state:	9784

(a) In consultation with a physician;

9785

(b) Pursuant to the referral of a physician;

9786

9787

(d) Under the supervision of a physician.

9788

(3) A physician or ~~other~~ licensed health care ~~provider~~	9789
professional who makes an assessment or grants a clearance for	9790
purposes of division (E)(1) of this section may be a volunteer.	9791

(4) Beginning one hundred eighty days after the effective	9792
date of this amendment, all physicians and licensed health care	9793
professionals who conduct assessments and clearances under	9794
division (E)(1) of this section must meet the minimum education	9795
and continuing education requirements established by rules adopted	9796
under section 3707.521 of the Revised Code.	9797

(F)(1) A youth sports organization or official, employee, or	9798
volunteer of a youth sports organization, including a coach or	9799
referee, is not liable in damages in a civil action for injury,	9800
death, or loss to person or property allegedly arising from	9801
providing services or performing duties under this section, unless	9802
the act or omission constitutes willful or wanton misconduct.	9803

(2) This section does not eliminate, limit, or reduce any	9804
other immunity or defense that a public entity, public official,	9805
or public employee may be entitled to under Chapter 2744. or any	9806
other provision of the Revised Code or under the common law of	9807
this state.	9808

Sec. 3707.521. (A) The director of health, in consultation	9809
with a representative of the state medical board, a representative	9810
of the state chiropractic board, and any additional	9811
representatives of licensed health care professions the director	9812
considers appropriate, shall do both of the following not later	9813
than one hundred eighty days after the effective date of this	9814
section:	9815

(1) Develop and publish guidelines addressing both of the	9816
following with regard to athletes exhibiting signs, symptoms, or	9817
behaviors consistent with having sustained a concussion or head	9818
injury while participating in an interscholastic athletic event or	9819
an athletic activity organized by a youth sports organization:	9820

(a) The diagnosis and treatment of concussions and head	9821
injuries;	9822

(b) The conditions under which an athlete may be granted	9823
clearance to return to practice or competition under section	9824
3313.539 or 3707.511 of the Revised Code.	9825

(2) Adopt rules in accordance with Chapter 119. of the	9826
Revised Code governing both of the following:	9827

(a) The minimum education requirements necessary to qualify a	9828
licensed health care professional to assess and clear an athlete	9829
for return to practice or competition under section 3313.539 or	9830
3707.511 of the Revised Code;	9831

(b) The minimum continuing education curriculum necessary to	9832
qualify a licensed health care professional to continue to assess	9833
and clear athletes for return to practice or competition under	9834
section 3313.539 or 3707.511 of the Revised Code.	9835

(B) In developing guidelines under division (A)(1) of this	9836
section, the director shall consider nationally recognized	9837
standards for the treatment and care of concussions and the scope	9838
of practice of any licensed health care professional as it relates	9839
to qualifications to assess and clear student athletes under	9840
sections 3313.539 or 3707.511 of the Revised Code.	9841

Sec. 5705.10. (A) All revenue derived from the general levy	9842
for current expense within the ten-mill limitation, from any	9843
general levy for current expense authorized by vote in excess of	9844
the ten-mill limitation, and from sources other than the general	9845
property tax, unless its use for a particular purpose is	9846
prescribed by law, shall be paid into the general fund.	9847

(B) All revenue derived from general or special levies for	9848
debt charges, whether within or in excess of the ten-mill	9849
limitation, which is levied for the debt charges on serial bonds,	9850
notes, or certificates of indebtedness having a life less than	9851
five years, shall be paid into the bond retirement fund; and all	9852
such revenue which is levied for the debt charges on all other	9853
bonds, notes, or certificates of indebtedness shall be paid into	9854
the sinking fund.	9855

(C) All revenue derived from a special levy shall be credited	9856
to a special fund for the purpose for which the levy was made.	9857

(D) Except as otherwise provided by resolution adopted	9858
pursuant to section 3315.01 of the Revised Code, all revenue	9859
derived from a source other than the general property tax and	9860
which the law prescribes shall be used for a particular purpose,	9861
shall be paid into a special fund for such purpose. Except as	9862
otherwise provided by resolution adopted pursuant to section	9863
3315.01 of the Revised Code or as otherwise provided by section	9864
3315.40 of the Revised Code, all revenue derived from a source	9865
other than the general property tax, for which the law does not	9866
prescribe use for a particular purpose, including interest earned	9867
on the principal of any special fund, regardless of the source or	9868
purpose of the principal, shall be paid into the general fund.	9869

(E) All proceeds from the sale of public obligations or	9870
fractionalized interests in public obligations as defined in	9871
section 133.01 of the Revised Code, except premium and accrued	9872
interest, shall be paid into a special fund for the purpose of	9873
such issue, and any interest and other income earned on money in	9874
such special fund may be used for the purposes for which the	9875
indebtedness was authorized or may be credited to the general fund	9876
or other fund or account as the taxing authority authorizes and	9877
used for the purposes of that fund or account. The premium and	9878
accrued interest received from such sale shall be paid into the	9879
sinking fund or the bond retirement fund of the subdivision.	9880

(F) Except as provided in divisions (G) and (H) of this	9881
section, if a permanent improvement of the subdivision is sold,	9882
the amount received from the sale shall be paid into the sinking	9883
fund, the bond retirement fund, or a special fund for the	9884
construction or acquisition of permanent improvements; provided	9885
that the proceeds from the sale of a public utility shall be paid	9886
into the sinking fund or bond retirement fund to the extent	9887
necessary to provide for the retirement of the outstanding	9888
indebtedness incurred in the construction or acquisition of such	9889
utility. Proceeds from the sale of property other than a permanent	9890
improvement shall be paid into the fund from which such property	9891
was acquired or is maintained or, if there is no such fund, into	9892
the general fund.	9893

(G) A township that has a population greater than fifteen	9894
thousand according to the most recent federal decennial census and	9895
that has declared one or more improvements in the township to be a	9896
public purpose under section 5709.73 of the Revised Code may pay	9897
proceeds from the sale of a permanent improvement of the township	9898
into its general fund if both of the following conditions are	9899
satisfied:	9900

(1) The township fiscal officer determines that all	9901
foreseeable public infrastructure improvements, as defined in	9902
section 5709.40 of the Revised Code, to be made in the township in	9903
the ten years immediately following the date the permanent	9904
improvement is sold will have been financed through resolutions	9905
adopted under section 5709.73 of the Revised Code on or before the	9906
date of the sale. The fiscal officer shall provide written	9907
certification of this determination for the township's records.	9908

(2) The permanent improvement being sold was financed	9909
entirely from moneys in the township's general fund.	9910

(H) If a board of education of a school district disposes of	9911
real property under section 3313.41 of the Revised Code, the	9912
proceeds received from the sale shall be used ~~to retire~~for either	9913
of the following purposes:	9914

(1) The retirement of any debt that was incurred by the	9915
district with respect to that real property. Proceeds in excess of	9916
the funds necessary to retire that debt may be paid into the	9917
school district's capital and maintenance fund and used only to	9918
pay for the costs of nonoperating capital expenses related to	9919
technology infrastructure and equipment to be used for instruction	9920
and assessment.	9921

(2) Payment into a special fund for the construction or	9922
acquisition of permanent improvements.	9923

(I) Money paid into any fund shall be used only for the	9924
purposes for which such fund is established.	9925

Section 2. That existing sections 133.06, 149.433, 921.06,	9926
3301.079, 3301.0711, 3301.0712, 3301.0714, 3301.0715, 3302.03,	9927
3302.10, 3310.03, 3310.031, 3310.13, 3310.14, 3310.522, 3311.24,	9928
3311.25, 3311.38, 3311.86, 3313.372, 3313.537, 3313.539, 3313.603,	9929
3313.6013, 3313.6014, 3313.6016, 3313.61, 3313.612, 3313.843,	9930
3313.90, 3314.02, 3314.029, 3314.03, 3314.08, 3317.03, 3318.70,	9931
3319.111, 3319.112, 3319.22, 3319.26, 3319.31, 3321.07, 3321.08,	9932
3324.07, 3325.02, 3325.06, 3325.07, 3325.10, 3326.11, 3326.36,	9933
3328.24, 3328.25, 3331.04, 3333.041, 3333.35, 3333.43, 3333.86,	9934
3345.06, 3345.061, 3365.04, 3365.041, 3365.05, 3365.06, 3365.08,	9935
3365.11, 3707.511, and 5705.10 and sections 3313.536, 3345.062,	9936
3365.01, 3365.02, 3365.021, 3365.022, 3365.03, 3365.07, 3365.09,	9937
3365.10, 3365.12, and 3365.15 of the Revised Code are hereby	9938
repealed.	9939

Section 3. That the versions of sections 3314.03 and 3326.11	9940
of the Revised Code that result from Section 1 of this act be	9941
amended to read as follows:	9942

Sec. 3314.03. A copy of every contract entered into under	9943
this section shall be filed with the superintendent of public	9944
instruction. The department of education shall make available on	9945
its web site a copy of every approved, executed contract filed	9946
with the superintendent under this section.	9947

(A) Each contract entered into between a sponsor and the	9948
governing authority of a community school shall specify the	9949
following:	9950

(1) That the school shall be established as either of the	9951
following:	9952

(a) A nonprofit corporation established under Chapter 1702.	9953
of the Revised Code, if established prior to April 8, 2003;	9954

(b) A public benefit corporation established under Chapter	9955
1702. of the Revised Code, if established after April 8, 2003.	9956

(2) The education program of the school, including the	9957
school's mission, the characteristics of the students the school	9958
is expected to attract, the ages and grades of students, and the	9959
focus of the curriculum;	9960

(3) The academic goals to be achieved and the method of	9961
measurement that will be used to determine progress toward those	9962
goals, which shall include the statewide achievement assessments;	9963

(4) Performance standards by which the success of the school	9964
will be evaluated by the sponsor;	9965

(5) The admission standards of section 3314.06 of the Revised	9966
Code and, if applicable, section 3314.061 of the Revised Code;	9967

(6)(a) Dismissal procedures;

9968

(b) A requirement that the governing authority adopt an	9969
attendance policy that includes a procedure for automatically	9970
withdrawing a student from the school if the student without a	9971
legitimate excuse fails to participate in one hundred five	9972
consecutive hours of the learning opportunities offered to the	9973
student.	9974

(7) The ways by which the school will achieve racial and	9975
ethnic balance reflective of the community it serves;	9976

(8) Requirements for financial audits by the auditor of	9977
state. The contract shall require financial records of the school	9978
to be maintained in the same manner as are financial records of	9979
school districts, pursuant to rules of the auditor of state.	9980
Audits shall be conducted in accordance with section 117.10 of the	9981
Revised Code.	9982

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

9983

(10) Qualifications of teachers, including a requirement that	9984
the school's classroom teachers be licensed in accordance with	9985
sections 3319.22 to 3319.31 of the Revised Code, except that a	9986
community school may engage noncertificated persons to teach up to	9987
twelve hours per week pursuant to section 3319.301 of the Revised	9988
Code.	9989

(11) That the school will comply with the following	9990
requirements:	9991

(a) The school will provide learning opportunities to a	9992
minimum of twenty-five students for a minimum of nine hundred	9993
twenty hours per school year.	9994

(b) The governing authority will purchase liability	9995
insurance, or otherwise provide for the potential liability of the	9996
school.	9997

(c) The school will be nonsectarian in its programs,	9998
admission policies, employment practices, and all other	9999
operations, and will not be operated by a sectarian school or	10000
religious institution.	10001

(d) The school will comply with sections 9.90, 9.91, 109.65,	10002
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711,	10003
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.539,	10004
3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, ~~3313.6015,~~	10005
3313.6020, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661,	10006
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672,	10007
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80,	10008
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073,	10009
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13,	10010
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17,	10011
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365.,	10012
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it	10013
were a school district and will comply with section 3301.0714 of	10014
the Revised Code in the manner specified in section 3314.17 of the	10015
Revised Code.	10016

(e) The school shall comply with Chapter 102. and section	10017
2921.42 of the Revised Code.	10018

(f) The school will comply with sections 3313.61, 3313.611,	10019
and 3313.614 of the Revised Code, except that for students who	10020
enter ninth grade for the first time before July 1, 2010, the	10021
requirement in sections 3313.61 and 3313.611 of the Revised Code	10022
that a person must successfully complete the curriculum in any	10023
high school prior to receiving a high school diploma may be met by	10024
completing the curriculum adopted by the governing authority of	10025
the community school rather than the curriculum specified in Title	10026
XXXIII of the Revised Code or any rules of the state board of	10027
education. Beginning with students who enter ninth grade for the	10028
first time on or after July 1, 2010, the requirement in sections	10029
3313.61 and 3313.611 of the Revised Code that a person must	10030
successfully complete the curriculum of a high school prior to	10031
receiving a high school diploma shall be met by completing the	10032
requirements prescribed in division (C) of section 3313.603 of the	10033
Revised Code, unless the person qualifies under division (D) or	10034
(F) of that section. Each school shall comply with the plan for	10035
awarding high school credit based on demonstration of subject area	10036
competency, adopted by the state board of education under division	10037
(J) of section 3313.603 of the Revised Code.	10038

(g) The school governing authority will submit within four	10039
months after the end of each school year a report of its	10040
activities and progress in meeting the goals and standards of	10041
divisions (A)(3) and (4) of this section and its financial status	10042
to the sponsor and the parents of all students enrolled in the	10043
school.	10044

(h) The school, unless it is an internet- or computer-based	10045
community school, will comply with section 3313.801 of the Revised	10046
Code as if it were a school district.	10047

(i) If the school is the recipient of moneys from a grant	10048
awarded under the federal race to the top program, Division (A),	10049
Title XIV, Sections 14005 and 14006 of the "American Recovery and	10050
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the	10051
school will pay teachers based upon performance in accordance with	10052
section 3317.141 and will comply with section 3319.111 of the	10053
Revised Code as if it were a school district.	10054

(12) Arrangements for providing health and other benefits to	10055
employees;	10056

(13) The length of the contract, which shall begin at the	10057
beginning of an academic year. No contract shall exceed five years	10058
unless such contract has been renewed pursuant to division (E) of	10059
this section.	10060

(14) The governing authority of the school, which shall be	10061
responsible for carrying out the provisions of the contract;	10062

(15) A financial plan detailing an estimated school budget	10063
for each year of the period of the contract and specifying the	10064
total estimated per pupil expenditure amount for each such year.	10065

(16) Requirements and procedures regarding the disposition of	10066
employees of the school in the event the contract is terminated or	10067
not renewed pursuant to section 3314.07 of the Revised Code;	10068

(17) Whether the school is to be created by converting all or	10069
part of an existing public school or educational service center	10070
building or is to be a new start-up school, and if it is a	10071
converted public school or service center building, specification	10072
of any duties or responsibilities of an employer that the board of	10073
education or service center governing board that operated the	10074
school or building before conversion is delegating to the	10075
governing authority of the community school with respect to all or	10076
any specified group of employees provided the delegation is not	10077
prohibited by a collective bargaining agreement applicable to such	10078
employees;	10079

(18) Provisions establishing procedures for resolving	10080
disputes or differences of opinion between the sponsor and the	10081
governing authority of the community school;	10082

(19) A provision requiring the governing authority to adopt a	10083
policy regarding the admission of students who reside outside the	10084
district in which the school is located. That policy shall comply	10085
with the admissions procedures specified in sections 3314.06 and	10086
3314.061 of the Revised Code and, at the sole discretion of the	10087
authority, shall do one of the following:	10088

(a) Prohibit the enrollment of students who reside outside	10089
the district in which the school is located;	10090

(b) Permit the enrollment of students who reside in districts	10091
adjacent to the district in which the school is located;	10092

(c) Permit the enrollment of students who reside in any other	10093
district in the state.	10094

(20) A provision recognizing the authority of the department	10095
of education to take over the sponsorship of the school in	10096
accordance with the provisions of division (C) of section 3314.015	10097
of the Revised Code;	10098

(21) A provision recognizing the sponsor's authority to	10099
assume the operation of a school under the conditions specified in	10100
division (B) of section 3314.073 of the Revised Code;	10101

(22) A provision recognizing both of the following:

10102

(a) The authority of public health and safety officials to	10103
inspect the facilities of the school and to order the facilities	10104
closed if those officials find that the facilities are not in	10105
compliance with health and safety laws and regulations;	10106

(b) The authority of the department of education as the	10107
community school oversight body to suspend the operation of the	10108
school under section 3314.072 of the Revised Code if the	10109
department has evidence of conditions or violations of law at the	10110
school that pose an imminent danger to the health and safety of	10111
the school's students and employees and the sponsor refuses to	10112
take such action.	10113

(23) A description of the learning opportunities that will be	10114
offered to students including both classroom-based and	10115
non-classroom-based learning opportunities that is in compliance	10116
with criteria for student participation established by the	10117
department under division (H)(2) of section 3314.08 of the Revised	10118
Code;	10119

(24) The school will comply with sections 3302.04 and	10120
3302.041 of the Revised Code, except that any action required to	10121
be taken by a school district pursuant to those sections shall be	10122
taken by the sponsor of the school. However, the sponsor shall not	10123
be required to take any action described in division (F) of	10124
section 3302.04 of the Revised Code.	10125

(25) Beginning in the 2006-2007 school year, the school will	10126
open for operation not later than the thirtieth day of September	10127
each school year, unless the mission of the school as specified	10128
under division (A)(2) of this section is solely to serve dropouts.	10129
In its initial year of operation, if the school fails to open by	10130
the thirtieth day of September, or within one year after the	10131
adoption of the contract pursuant to division (D) of section	10132
3314.02 of the Revised Code if the mission of the school is solely	10133
to serve dropouts, the contract shall be void.	10134

(B) The community school shall also submit to the sponsor a	10135
comprehensive plan for the school. The plan shall specify the	10136
following:	10137

(1) The process by which the governing authority of the	10138
school will be selected in the future;	10139

(2) The management and administration of the school;

10140

(3) If the community school is a currently existing public	10141
school or educational service center building, alternative	10142
arrangements for current public school students who choose not to	10143
attend the converted school and for teachers who choose not to	10144
teach in the school or building after conversion;	10145

(4) The instructional program and educational philosophy of	10146
the school;	10147

(5) Internal financial controls.

10148

(C) A contract entered into under section 3314.02 of the	10149
Revised Code between a sponsor and the governing authority of a	10150
community school may provide for the community school governing	10151
authority to make payments to the sponsor, which is hereby	10152
authorized to receive such payments as set forth in the contract	10153
between the governing authority and the sponsor. The total amount	10154
of such payments for oversight and monitoring of the school shall	10155
not exceed three per cent of the total amount of payments for	10156
operating expenses that the school receives from the state.	10157

(D) The contract shall specify the duties of the sponsor	10158
which shall be in accordance with the written agreement entered	10159
into with the department of education under division (B) of	10160
section 3314.015 of the Revised Code and shall include the	10161
following:	10162

(1) Monitor the community school's compliance with all laws	10163
applicable to the school and with the terms of the contract;	10164

(2) Monitor and evaluate the academic and fiscal performance	10165
and the organization and operation of the community school on at	10166
least an annual basis;	10167

(3) Report on an annual basis the results of the evaluation	10168
conducted under division (D)(2) of this section to the department	10169
of education and to the parents of students enrolled in the	10170
community school;	10171

(4) Provide technical assistance to the community school in	10172
complying with laws applicable to the school and terms of the	10173
contract;	10174

(5) Take steps to intervene in the school's operation to	10175
correct problems in the school's overall performance, declare the	10176
school to be on probationary status pursuant to section 3314.073	10177
of the Revised Code, suspend the operation of the school pursuant	10178
to section 3314.072 of the Revised Code, or terminate the contract	10179
of the school pursuant to section 3314.07 of the Revised Code as	10180
determined necessary by the sponsor;	10181

(6) Have in place a plan of action to be undertaken in the	10182
event the community school experiences financial difficulties or	10183
closes prior to the end of a school year.	10184

(E) Upon the expiration of a contract entered into under this	10185
section, the sponsor of a community school may, with the approval	10186
of the governing authority of the school, renew that contract for	10187
a period of time determined by the sponsor, but not ending earlier	10188
than the end of any school year, if the sponsor finds that the	10189
school's compliance with applicable laws and terms of the contract	10190
and the school's progress in meeting the academic goals prescribed	10191
in the contract have been satisfactory. Any contract that is	10192
renewed under this division remains subject to the provisions of	10193
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	10194

(F) If a community school fails to open for operation within	10195
one year after the contract entered into under this section is	10196
adopted pursuant to division (D) of section 3314.02 of the Revised	10197
Code or permanently closes prior to the expiration of the	10198
contract, the contract shall be void and the school shall not	10199
enter into a contract with any other sponsor. A school shall not	10200
be considered permanently closed because the operations of the	10201
school have been suspended pursuant to section 3314.072 of the	10202
Revised Code.	10203

Sec. 3326.11. Each science, technology, engineering, and	10204
mathematics school established under this chapter and its	10205
governing body shall comply with sections 9.90, 9.91, 109.65,	10206
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43,	10207
3301.0714, 3301.0715, 3313.14, 3313.15, 3313.16, 3313.18,	10208
3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3313.50,	10209
3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3313.6014,	10210
~~3313.6015,~~ 3313.6020, 3313.61, 3313.611, 3313.614, 3313.615,	10211
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662,	10212
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673,	10213
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801,	10214
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21,	10215
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45,	10216
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19,	10217
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters	10218
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112.,	10219
4123., 4141., and 4167. of the Revised Code as if it were a school	10220
district.	10221

Section 4. That the existing versions of sections 3314.03 and	10222
3326.11 of the Revised Code that result from Section 1 of this act	10223
and section 3313.6015 of the Revised Code are hereby repealed.	10224

Section 5. Sections 3 and 4 of this act take effect July 1,	10225
2015.	10226

Section 6. (A) There is hereby created the School Based	10227
Health Care Advisory Workgroup. The Workgroup shall consist of the	10228
following members:	10229

(1) The Superintendent of Public Instruction or the	10230
Superintendent's designee;	10231

(2) The Director of Developmental Disabilities or the	10232
Director's designee;	10233

(3) The Director of Health or the Director's designee;

10234

(4) The Director of Job and Family Services or the Director's	10235
designee;	10236

(5) The Director of Medicaid or the Director's designee;

10237

(6) The Director of Mental Health and Addiction Services or	10238
the Director's designee;	10239

(7) The Director of the Office of Health Transformation or	10240
the Director's designee, who shall serve as chairperson;	10241

(8) One representative from each of the following	10242
organizations, appointed by the organization's chief executive	10243
officer or the individual serving in an equivalent capacity for	10244
the organization:	10245

(a) The Association of Ohio Health Commissioners;

10246

(b) The Buckeye Association of School Administrators;

10247

10248

(d) The Greater Cincinnati Community Learning Institute;

10249

(e) The Ohio Association of Community Health Centers;

10250

(f) The Ohio Association of Health Plans;

10251

(g) The Ohio Association of School Nurses;

10252

(h) The Ohio Business Roundtable;

10253

(i) The Ohio Chamber of Commerce;

10254

(j) The Ohio Chapter of the American Academy of Pediatrics;

10255

(k) The Ohio Children's Hospital Association;

10256

(l) The Ohio Commission on Minority Health;

10257

(m) The Ohio Council of Behavioral Health and Family Services	10258
Providers;	10259

(n) The Ohio Dental Association;

10260

(o) The Ohio Optometric Association;

10261

(p) The Ohio Parent Teacher Association;

10262

(q) The Ohio State Medical Association;

10263

(r) The Public Children Services Association of Ohio;

10264

(s) Voices for Ohio's Children;

10265

(t) The Ohio Federation of Teachers;

10266

(u) The Ohio Association of County Behavioral Health	10267
Authorities;	10268

(v) The Ohio School Psychologists Association.

10269

(9) Two members of the House of Representatives, one from the	10270
majority party and the other from the minority party, appointed by	10271
the Speaker of the House of Representatives;	10272

(10) Two members of the Senate, one from the majority party	10273
and the other from the minority party, appointed by the President	10274
of the Senate.	10275

(B) The Workgroup shall do all of the following:

10276

(1) Review evidence of the correlation between student health	10277
and academic achievement;	10278

(2) Identify existing best practices to improve academic	10279
achievement through better student health;	10280

(3) Based on existing best practices, recommend one or more	10281
models for communities that want to improve academic achievement	10282
through better student health;	10283

(4) Recommend financial strategies to sustain the models over	10284
time, with an emphasis on health coverage through commercial	10285
insurance and Medicaid, not other governmental subsidies;	10286

(5) Recommend health care service delivery strategies that	10287
are known to improve health outcomes, such as patient-centered	10288
medical homes;	10289

(6) Explore the community learning center model delivery of	10290
student health care services;	10291

(7) Ensure that all recommendations adhere to state and	10292
federal law.	10293

(C)(1) Appointments to the Workgroup shall be made not later	10294
than fifteen days after the effective date of this section.	10295
Vacancies shall be filled in the same manner as the original	10296
appointments.	10297

(2) Members of the Workgroup shall serve without compensation	10298
or reimbursement for expenses incurred while serving on the	10299
Workgroup, except to the extent that serving on the Workgroup is	10300
considered to be among the member's employment duties.	10301

(D) The Workgroup shall prepare a report of its findings and	10302
recommendations and, not later than December 31, 2014, submit the	10303
report to the General Assembly. Upon submission of the report, the	10304
Workgroup shall cease to exist.	10305

Section 7. (A) Notwithstanding anything to the contrary in	10306
Chapter 3365. of the Revised Code, for the 2014-2015 school year,	10307
the program established under that chapter shall continue to	10308
operate as the Post-Secondary Enrollment Options Program, as it	10309
existed under that chapter prior to the effective date of this	10310
section. All rules for the Post-Secondary Enrollment Options	10311
Program in effect on the effective date of this section shall	10312
continue to govern that program for the 2014-2015 school year. The	10313
College Credit Plus Program, as codified in Chapter 3365. of the	10314
Revised Code, as it is revised by this act, shall begin operation	10315
for the 2015-2016 school year. Beginning on the effective date of	10316
this section, the Department of Education, State Board of	10317
Education, and Chancellor of the Ohio Board of Regents shall take	10318
the necessary steps to adopt rules, guidelines, and procedures and	10319
to create any necessary forms and documents so that the College	10320
Credit Plus Program is fully operational for the 2015-2016 school	10321
year in accordance with Chapter 3365. of the Revised Code, as it	10322
is revised by this act.	10323

(B) In accordance with division (A) of this section, all	10324
participants who enroll, or who have taken preliminary action to	10325
enroll, in an institution of higher education for the 2014-2015	10326
school year pursuant to Chapter 3365. of the Revised Code, as it	10327
existed prior to the effective date of this section, or rules	10328
adopted under that version of that chapter, shall participate in	10329
the Post-Secondary Enrollment Options Program, as it existed prior	10330
to the effective date of this section. Participants enrolled in an	10331
institution of higher education under the Post-Secondary	10332
Enrollment Options Program during the 2014-2015 school year shall	10333
continue to be subject to the provisions of Chapter 3365. of the	10334
Revised Code, as it existed prior to the effective date of this	10335
section.	10336

(C) For the 2014-2015 school year, all participants who	10337
enroll, or who have taken preliminary action to enroll, in a dual	10338
enrollment program as defined in section 3313.6013 of the Revised	10339
Code, as it existed prior to the effective date of this section,	10340
to participate during that school year in the dual enrollment	10341
program shall participate under the specified dual enrollment	10342
program in which the student enrolled and shall continue to be	10343
subject to the provisions of section 3313.6013 of the Revised	10344
Code, as it existed prior to the effective date of this section.	10345

(D) Any agreement entered into for the 2014-2015 school year	10346
regarding either the Post-Secondary Enrollment Options Program	10347
under Chapter 3365. of the Revised Code, as it existed prior to	10348
the effective date of this section, or any dual enrollment	10349
program, as defined in section 3313.6013 of the Revised Code as it	10350
existed prior to the effective date of this section, shall	10351
continue in force, pursuant to the terms of that agreement, for	10352
the 2014-2015 school year.	10353

(E) For the 2013-2014 and 2014-2015 school years, the	10354
Department of Education shall make all payments that the	10355
Department is obligated to pay pursuant to section 3365.07 of the	10356
Revised Code, as it existed prior to the effective date of this	10357
section, for participants who enroll in an institution of higher	10358
education under Chapter 3365. of the Revised Code, as it existed	10359
prior to the effective date of this section.	10360

(F) For the 2014-2015 school year only, whenever the term	10361
"College Credit Plus Program" is used, referred to, or designated	10362
in any provision of the Revised Code outside of Chapter 3365. of	10363
the Revised Code, the use, reference, or designation shall be	10364
construed to mean the "Post-Secondary Enrollment Options Program."	10365

Section 8. (A) As used in this section:

10366

(1) An "eligible school district" is a city, local, or	10367
exempted village school district that satisfies either of the	10368
following conditions:	10369

(a) The district has fewer than five hundred students, and	10370
the entire territory of the district is transferred to a	10371
contiguous school district under section 3311.22 of the Revised	10372
Code not later than June 30, 2015;	10373

(b) The district has fewer than five hundred students, and	10374
the district receives the entire territory of a contiguous school	10375
district pursuant to a transfer under section 3311.22 of the	10376
Revised Code not later than June 30, 2015.	10377

(2) An eligible school district's "amount owed to the	10378
solvency assistance fund" is either of the following:	10379

(a) In the case of a school district described in division	10380
(A)(1)(a) of this section, the amount owed by the district to the	10381
solvency assistance fund created under section 3316.20 of the	10382
Revised Code on the date that the district's territory is	10383
transferred to a contiguous school district under section 3311.22	10384
of the Revised Code;	10385

(b) In the case of a school district described in division	10386
(A)(1)(b) of this section, the amount owed by the district to the	10387
solvency assistance fund created under section 3316.20 of the	10388
Revised Code on the date that the district receives the entire	10389
territory of a contiguous school district pursuant to a transfer	10390
under section 3311.22 of the Revised Code.	10391

(B) The amount owed to the solvency assistance fund by an	10392
eligible school district shall be canceled.	10393

(C) Nothing in this section shall prohibit an eligible school	10394
district from receiving assistance from the Ohio school facilities	10395
commission under Chapter 3318. of the Revised Code.	10396

Section 9. If a board of education of a school district	10397
disposed of real property under section 3313.41 of the Revised	10398
Code on or after September 29, 2013, that district may use the	10399
proceeds received from the sale for either of the purposes	10400
described in division (H) of section 5705.10 of the Revised Code	10401
as amended by this act.	10402

Section 10. Not later than March 15, 2015, the Department of	10403
Education shall select and approve at least two empirically tested	10404
and validated student survey instruments for use by school	10405
districts that elect to conduct student surveys in accordance with	10406
division (A)(1)(b)(ii) of section 3319.112 of the Revised Code, as	10407
amended by this act.	10408

Section 11. Not later than January 15, 2015, the	10409
Superintendent of Public Instruction shall submit a report to the	10410
Governor and the General Assembly, in accordance with section	10411
101.68 of the Revised Code, regarding the state achievement	10412
assessments prescribed by divisions (A)(1) and (B)(1) and (2) of	10413
section 3301.0710 of the Revised Code. The report shall include a	10414
review of the number of elementary and secondary assessments	10415
administered and the Superintendent's recommendations for	10416
decreasing the number of assessments and decreasing the number of	10417
designated dates for and the duration of the administration of	10418
such assessments, to ensure that the extent of testing is	10419
reasonable.	10420

Section 12. (A) For the 2014-2015 school year, each school	10421
district, community school established under Chapter 3314., or	10422
STEM school established under Chapter 3326. of the Revised Code	10423
shall administer the English language arts assessment required	10424
under division (A)(1)(a) of section 3301.0710 of the Revised Code	10425
to third grade students for purposes of section 3313.608 of the	10426
Revised Code as follows:	10427

(1) For the fall administration of the assessment, each	10428
district or school shall administer the English language arts	10429
assessment for third graders that the school administered for the	10430
previous year under section 3301.0710 of the Revised Code.	10431

(2) For the spring administration of the assessment to any	10432
student who fails to attain at least the score range prescribed by	10433
division (A)(3) of section 3301.0710 of the Revised Code, each	10434
district or school shall administer the English language arts	10435
assessment for third graders that the school administered for the	10436
previous year under section 3301.0710 of the Revised Code.	10437

(3) For the spring administration of the assessment to any	10438
student who has attained at least the score range prescribed by	10439
division (A)(3) of section 3301.0710 of the Revised Code, each	10440
district or school may choose to administer either the English	10441
language arts assessment developed by the Partnership for	10442
Assessment of Readiness for College and Careers (PARCC) or the	10443
assessment described in divisions (A)(1) and (2) of this section.	10444

(B) Each district or school shall notify the Department of	10445
Education of which assessment or assessments it shall administer	10446
in accordance with the guidelines set by the Department.	10447

(C) The Department shall develop a method to determine the	10448
equivalence between the scores from each assessment prescribed and	10449
administered under division (A) of this section for purposes of	10450
calculating a district's or school's grades on the state report	10451
card prescribed by section 3302.03 of the Revised Code.	10452

Section 13. For the 2014-2015 school year, no school	10453
district, community school, STEM school, college-preparatory	10454
boarding school, or chartered nonpublic school shall be required	10455
to administer in an online format any assessments prescribed by	10456
sections 3301.0710 and 3301.0712 of the Revised Code. However, a	10457
district or school may administer any of those assessments in an	10458
online format at the discretion of the district board or school	10459
governing authority, or in any combination of online and paper	10460
formats. The department of education shall furnish, free of	10461
charge, all such assessments for that school year regardless of	10462
the format selected by the district or school.	10463

Section 14. (A) There is hereby created a committee to make	10464
recommendations regarding graduation requirements and other	10465
state-mandated testing requirements for students who attend	10466
chartered nonpublic schools. The committee shall consist of the	10467
following members:	10468

(1) The Superintendent of Public Instruction or the	10469
Superintendent's designee, who shall act as the chairperson;	10470

(2) The President of the state Board of Education or the	10471
President's designee;	10472

(3) Three individuals, appointed by the Speaker of the House	10473
of Representatives, one of which shall be recommended by the	10474
Minority Leader of the House of Representatives;	10475

(4) Three individuals, appointed by the President of the	10476
Senate, one of which shall be recommended by the Minority Leader	10477
of the Senate;	10478

(5) Three individuals, appointed by the Superintendent of	10479
Public Instruction, representing each of the following entities:	10480

(a) The Catholic Conference of Ohio;

10481

(b) A nonpublic school accredited through the Independent	10482
School Association of the Central States;	10483

(c) A nonpublic school that is not a member of the Catholic	10484
Conference of Ohio or accredited through the Independent School	10485
Association of the Central States.	10486

(B) Not later than January 15, 2015, the committee shall	10487
prepare a report of its recommendations and submit the report to	10488
the chairpersons of the standing committees of the House of	10489
Representatives and the Senate that are principally responsible	10490
for education policy.	10491

Section 15. In accordance with section 3301.0711 of the	10492
Revised Code, as amended by this act, the entirety of the	10493
questions and corresponding preferred answers of the assessments	10494
prescribed by division (A) of section 3301.0710 and division	10495
(B)(2) of section 3301.0712 of the Revised Code administered in	10496
the spring of the 2014-2015 school year shall be released within	10497
three years of its administration.	10498

Section 16. Notwithstanding anything in the Revised Code to	10499
the contrary, the board of education of a school district, the	10500
governing authority of a community school established under	10501
Chapter 3314. of the Revised Code, or the governing body of a STEM	10502
school established under Chapter 3326. of the Revised Code that	10503
has entered into a collective bargaining agreement with its	10504
teachers under Chapter 4117. of the Revised Code may enter into a	10505
separate memorandum of understanding with the exclusive	10506
representative of its teachers stipulating that the value-added	10507
progress dimension rating issued for the 2014-2015 school year to	10508
assess student academic growth for purposes of teacher evaluations	10509
under sections 3311.80, 3319.111, and 3319.112 of the Revised Code	10510
will not be used when making decisions regarding the dismissal,	10511
retention, tenure, or compensation of the district's or school's	10512
teachers.	10513

As used in this section, "value-added progress dimension"	10514
means the value-added progress dimension prescribed by 3302.021 of	10515
the Revised Code or an alternative student academic progress	10516
measure if adopted under division (C)(1)(e) of section 3303.03 of	10517
the Revised Code.	10518

Section 17. Section 3318.70 of the Revised Code is presented	10519
in this act as a composite of the section as amended by both Am.	10520
Sub. H.B. 487 and Am. Sub. S.B. 316 of the 129th General Assembly.	10521
The General Assembly, applying the principle stated in division	10522
(B) of section 1.52 of the Revised Code that amendments are to be	10523
harmonized if reasonably capable of simultaneous operation, finds	10524
that the composite is the resulting version of the section in	10525
effect prior to the effective date of the section as presented in	10526
this act.	10527