As Reported by the House Education Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 343

Representative Stebelton

A BILL

To amend sections 3301.0711, 3301.0712, 3302.02,

3302.03, 3302.035, 3311.78, 3313.42, 3313.534,

3313.612, 3313.672, 3313.814, 3314.06, 3314.38,

3317.034, 3317.12, 3317.14, 3317.141, 3317.23,

3317.24, 3319.227, 3319.261, 3321.13, 3345.86,

3365.04, 3365.05, 3365.07, 5126.24, and 5705.412;

to repeal section 3317.13 of the Revised Code; and

to amend Sections 263.20 and 263.320 of Am. Sub.

H.B. 59 of the 130th General Assembly, as

subsequently amended, and Section 9 of Am. Sub.

H.B. 487 of the 130th General Assembly with

respect to state assessments and academic

performance reporting, and to make other changes

regarding primary and secondary education

programs.

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

Section 1. That sections 3301.0711, 3301.0712, 3302.02,	16
3302.03, 3302.035, 3311.78, 3313.42, 3313.534, 3313.612, 3313.672,	17
3313.814, 3314.06, 3314.38, 3317.034, 3317.12, 3317.14, 3317.141,	18
3317.23, 3317.24, 3319.227, 3319.261, 3321.13, 3345.86, 3365.04,	19
3365.05, 3365.07, 5126.24, and 5705.412 of the Revised Code be	20
amended to read as follows:	21

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

(1) Annually furnish to, grade, and score all assessments	23
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	24
the Revised Code to be administered by city, local, exempted	25
village, and joint vocational school districts, except that each	26
district shall score any assessment administered pursuant to	27
division (B)(10) of this section. Each assessment so furnished	28
shall include the data verification code of the student to whom	29
the assessment will be administered, as assigned pursuant to	30
division (D)(2) of section 3301.0714 of the Revised Code. In	31
furnishing the practice versions of Ohio graduation tests	32
prescribed by division (D) of section 3301.0710 of the Revised	33
Code, the department shall make the tests available on its web	34
site for reproduction by districts. In awarding contracts for	35
grading assessments, the department shall give preference to	36
Ohio-based entities employing Ohio residents.	37

(2) Adopt rules for the ethical use of assessments and	38
prescribing the manner in which the assessments prescribed by	39
section 3301.0710 of the Revised Code shall be administered to	40
students.	41

(B) Except as provided in divisions (C) and (J) of this	42
section, the board of education of each city, local, and exempted	43
village school district shall, in accordance with rules adopted	44
under division (A) of this section:	45

(1) Administer the English language arts assessments	46
prescribed under division (A)(1)(a) of section 3301.0710 of the	47
Revised Code twice annually to all students in the third grade who	48
have not attained the score designated for that assessment under	49
division (A)(2)(c) of section 3301.0710 of the Revised Code.	50

(2) Administer the mathematics assessment prescribed under	51
division (A)(1)(a) of section 3301.0710 of the Revised Code at	52
least once annually to all students in the third grade.	53

(3) Administer the assessments prescribed under division	54
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	55
annually to all students in the fourth grade.	56

(4) Administer the assessments prescribed under division	57
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	58
annually to all students in the fifth grade.	59

(5) Administer the assessments prescribed under division	60
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	61
annually to all students in the sixth grade.	62

(6) Administer the assessments prescribed under division	63
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	64
annually to all students in the seventh grade.	65

(7) Administer the assessments prescribed under division	66
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	67
annually to all students in the eighth grade.	68

(8) Except as provided in division (B)(9) of this section,	69
administer any assessment prescribed under division (B)(1) of	70
section 3301.0710 of the Revised Code as follows:	71

(a) At least once annually to all tenth grade students and at	72
least twice annually to all students in eleventh or twelfth grade	73
who have not yet attained the score on that assessment designated	74
under that division;	75

(b) To any person who has successfully completed the	76
curriculum in any high school or the individualized education	77
program developed for the person by any high school pursuant to	78
section 3323.08 of the Revised Code but has not received a high	79
school diploma and who requests to take such assessment, at any	80
time such assessment is administered in the district.	81

(9) In lieu of the board of education of any city, local, or	82
exempted village school district in which the student is also	83
enrolled, the board of a joint vocational school district shall	84
administer any assessment prescribed under division (B)(1) of	85
section 3301.0710 of the Revised Code at least twice annually to	86
any student enrolled in the joint vocational school district who	87
has not yet attained the score on that assessment designated under	88
that division. A board of a joint vocational school district may	89
also administer such an assessment to any student described in	90
division (B)(8)(b) of this section.	91

(10) If the district has a three-year average graduation rate	92
of not more than seventy-five per cent, administer each assessment	93
prescribed by division (D) of section 3301.0710 of the Revised	94
Code in September to all ninth grade students~~, beginning in the~~	95
~~school year that starts July 1, 2005~~who entered ninth grade prior	96
to July 1, 2014.	97

Except as provided in section 3313.614 of the Revised Code	98
for administration of an assessment to a person who has fulfilled	99
the curriculum requirement for a high school diploma but has not	100
passed one or more of the required assessments, the assessments	101
prescribed under division (B)(1) of section 3301.0710 of the	102
Revised Code ~~and the practice assessments prescribed under~~	103
~~division (D) of that section and required to be administered under~~	104
~~divisions (B)(8), (9), and (10) of this section~~ shall not be	105
administered after ~~July 1, 2015~~the date specified in the rules	106
adopted by the state board of education under division (D)(1) of	107
section 3301.0712 of the Revised Code.	108

(11) Administer the assessments prescribed by division (B)(2)	109
of section 3301.0710 and section 3301.0712 of the Revised Code in	110
accordance with the timeline and plan for implementation of those	111
assessments prescribed by rule of the state board adopted under	112
division (D)(1) of section 3301.0712 of the Revised Code.	113

(C)(1)(a) In the case of a student receiving special	114
education services under Chapter 3323. of the Revised Code, the	115
individualized education program developed for the student under	116
that chapter shall specify the manner in which the student will	117
participate in the assessments administered under this section.	118
The individualized education program may excuse the student from	119
taking any particular assessment required to be administered under	120
this section if it instead specifies an alternate assessment	121
method approved by the department of education as conforming to	122
requirements of federal law for receipt of federal funds for	123
disadvantaged pupils. To the extent possible, the individualized	124
education program shall not excuse the student from taking an	125
assessment unless no reasonable accommodation can be made to	126
enable the student to take the assessment.	127

(b) Any alternate assessment approved by the department for a	128
student under this division shall produce measurable results	129
comparable to those produced by the assessment it replaces in	130
order to allow for the student's results to be included in the	131
data compiled for a school district or building under section	132
3302.03 of the Revised Code.	133

(c) Any student enrolled in a chartered nonpublic school who	134
has been identified, based on an evaluation conducted in	135
accordance with section 3323.03 of the Revised Code or section 504	136
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	137
794, as amended, as a child with a disability shall be excused	138
from taking any particular assessment required to be administered	139
under this section if a plan developed for the student pursuant to	140
rules adopted by the state board excuses the student from taking	141
that assessment. In the case of any student so excused from taking	142
an assessment, the chartered nonpublic school shall not prohibit	143
the student from taking the assessment.	144

(2) A district board may, for medical reasons or other good	145
cause, excuse a student from taking an assessment administered	146
under this section on the date scheduled, but that assessment	147
shall be administered to the excused student not later than nine	148
days following the scheduled date. The district board shall	149
annually report the number of students who have not taken one or	150
more of the assessments required by this section to the state	151
board ~~of education~~ not later than the thirtieth day of June.	152

(3) As used in this division, "limited English proficient	153
student" has the same meaning as in 20 U.S.C. 7801.	154

No school district board shall excuse any limited English	155
proficient student from taking any particular assessment required	156
to be administered under this section, except that any limited	157
English proficient student who has been enrolled in United States	158
schools for less than one full school year shall not be required	159
to take any reading, writing, or English language arts assessment.	160
However, no board shall prohibit a limited English proficient	161
student who is not required to take an assessment under this	162
division from taking the assessment. A board may permit any	163
limited English proficient student to take an assessment required	164
to be administered under this section with appropriate	165
accommodations, as determined by the department. For each limited	166
English proficient student, each school district shall annually	167
assess that student's progress in learning English, in accordance	168
with procedures approved by the department.	169

The governing authority of a chartered nonpublic school may	170
excuse a limited English proficient student from taking any	171
assessment administered under this section. However, no governing	172
authority shall prohibit a limited English proficient student from	173
taking the assessment.	174

(D)(1) In the school year next succeeding the school year in	175
which the assessments prescribed by division (A)(1) or (B)(1) of	176
section 3301.0710 of the Revised Code or former division (A)(1),	177
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	178
existed prior to September 11, 2001, are administered to any	179
student, the board of education of any school district in which	180
the student is enrolled in that year shall provide to the student	181
intervention services commensurate with the student's performance,	182
including any intensive intervention required under section	183
3313.608 of the Revised Code, in any skill in which the student	184
failed to demonstrate at least a score at the proficient level on	185
the assessment.	186

(2) Following any administration of the assessments	187
prescribed by division (D) of section 3301.0710 of the Revised	188
Code to ninth grade students, each school district that has a	189
three-year average graduation rate of not more than seventy-five	190
per cent shall determine for each high school in the district	191
whether the school shall be required to provide intervention	192
services to any students who took the assessments. In determining	193
which high schools shall provide intervention services based on	194
the resources available, the district shall consider each school's	195
graduation rate and scores on the practice assessments. The	196
district also shall consider the scores received by ninth grade	197
students on the English language arts and mathematics assessments	198
prescribed under division (A)(1)(f) of section 3301.0710 of the	199
Revised Code in the eighth grade in determining which high schools	200
shall provide intervention services.	201

Each high school selected to provide intervention services	202
under this division shall provide intervention services to any	203
student whose results indicate that the student is failing to make	204
satisfactory progress toward being able to attain scores at the	205
proficient level on the Ohio graduation tests. Intervention	206
services shall be provided in any skill in which a student	207
demonstrates unsatisfactory progress and shall be commensurate	208
with the student's performance. Schools shall provide the	209
intervention services prior to the end of the school year, during	210
the summer following the ninth grade, in the next succeeding	211
school year, or at any combination of those times.	212

(E) Except as provided in section 3313.608 of the Revised	213
Code and division (M) of this section, no school district board of	214
education shall utilize any student's failure to attain a	215
specified score on an assessment administered under this section	216
as a factor in any decision to deny the student promotion to a	217
higher grade level. However, a district board may choose not to	218
promote to the next grade level any student who does not take an	219
assessment administered under this section or make up an	220
assessment as provided by division (C)(2) of this section and who	221
is not exempt from the requirement to take the assessment under	222
division (C)(3) of this section.	223

(F) No person shall be charged a fee for taking any	224
assessment administered under this section.	225

(G)(1) Each school district board shall designate one	226
location for the collection of assessments administered in the	227
spring under division (B)(1) of this section and those	228
administered under divisions (B)(2) to (7) of this section. Each	229
district board shall submit the assessments to the entity with	230
which the department contracts for the scoring of the assessments	231
as follows:	232

(a) If the district's total enrollment in grades kindergarten	233
through twelve during the first full school week of October was	234
less than two thousand five hundred, not later than the Friday	235
after all of the assessments have been administered;	236

(b) If the district's total enrollment in grades kindergarten	237
through twelve during the first full school week of October was	238
two thousand five hundred or more, but less than seven thousand,	239
not later than the Monday after all of the assessments have been	240
administered;	241

(c) If the district's total enrollment in grades kindergarten	242
through twelve during the first full school week of October was	243
seven thousand or more, not later than the Tuesday after all of	244
the assessments have been administered.	245

However, any assessment that a student takes during the	246
make-up period described in division (C)(2) of this section shall	247
be submitted not later than the Friday following the day the	248
student takes the assessment.	249

(2) The department or an entity with which the department	250
contracts for the scoring of the assessment shall send to each	251
school district board a list of the individual scores of all	252
persons taking an assessment prescribed by division (A)(1) or	253
(B)(1) of section 3301.0710 of the Revised Code within sixty days	254
after its administration, but in no case shall the scores be	255
returned later than the fifteenth day of June following the	256
administration. For assessments administered under this section by	257
a joint vocational school district, the department or entity shall	258
also send to each city, local, or exempted village school district	259
a list of the individual scores of any students of such city,	260
local, or exempted village school district who are attending	261
school in the joint vocational school district.	262

(H) Individual scores on any assessments administered under	263
this section shall be released by a district board only in	264
accordance with section 3319.321 of the Revised Code and the rules	265
adopted under division (A) of this section. No district board or	266
its employees shall utilize individual or aggregate results in any	267
manner that conflicts with rules for the ethical use of	268
assessments adopted pursuant to division (A) of this section.	269

(I) Except as provided in division (G) of this section, the	270
department or an entity with which the department contracts for	271
the scoring of the assessment shall not release any individual	272
scores on any assessment administered under this section. The	273
state board ~~of education~~ shall adopt rules to ensure the	274
protection of student confidentiality at all times. The rules may	275
require the use of the data verification codes assigned to	276
students pursuant to division (D)(2) of section 3301.0714 of the	277
Revised Code to protect the confidentiality of student scores.	278

(J) Notwithstanding division (D) of section 3311.52 of the	279
Revised Code, this section does not apply to the board of	280
education of any cooperative education school district except as	281
provided under rules adopted pursuant to this division.	282

(1) In accordance with rules that the state board of	283
~~education~~ shall adopt, the board of education of any city,	284
exempted village, or local school district with territory in a	285
cooperative education school district established pursuant to	286
divisions (A) to (C) of section 3311.52 of the Revised Code may	287
enter into an agreement with the board of education of the	288
cooperative education school district for administering any	289
assessment prescribed under this section to students of the city,	290
exempted village, or local school district who are attending	291
school in the cooperative education school district.	292

(2) In accordance with rules that the state board of	293
~~education~~ shall adopt, the board of education of any city,	294
exempted village, or local school district with territory in a	295
cooperative education school district established pursuant to	296
section 3311.521 of the Revised Code shall enter into an agreement	297
with the cooperative district that provides for the administration	298
of any assessment prescribed under this section to both of the	299
following:	300

(a) Students who are attending school in the cooperative	301
district and who, if the cooperative district were not	302
established, would be entitled to attend school in the city,	303
local, or exempted village school district pursuant to section	304
3313.64 or 3313.65 of the Revised Code;	305

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

306

Any assessment of students pursuant to such an agreement	307
shall be in lieu of any assessment of such students or persons	308
pursuant to this section.	309

(K)(1)(a) Except as otherwise provided in division (K)(1)(a)	310
or (K)(1)(c) of this section, each chartered nonpublic school for	311
which at least sixty-five per cent of its total enrollment is made	312
up of students who are participating in state scholarship programs	313
shall administer the elementary assessments prescribed by section	314
3301.0710 of the Revised Code. In accordance with procedures and	315
deadlines prescribed by the department, the parent or guardian of	316
a student enrolled in the school who is not participating in a	317
state scholarship program may submit notice to the chief	318
administrative officer of the school that the parent or guardian	319
does not wish to have the student take the elementary assessments	320
prescribed for the student's grade level under division (A) of	321
section 3301.0710 of the Revised Code. If a parent or guardian	322
submits an opt-out notice, the school shall not administer the	323
assessments to that student. This option does not apply to any	324
assessment required for a high school diploma under section	325
3313.612 of the Revised Code.	326

(b) If a chartered nonpublic school is educating students in	327
grades nine through twelve, it shall administer the assessments	328
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the	329
Revised Code as a condition of compliance with section 3313.612 of	330
the Revised Code.	331

(c) A chartered nonpublic school may submit to the	332
superintendent of public instruction a request for a waiver from	333
administering the elementary assessments prescribed by division	334
(A) of section 3301.0710 of the Revised Code. The state	335
superintendent shall approve or disapprove a request for a waiver	336
submitted under division (K)(1)(c) of this section. No waiver	337
shall be approved for any school year prior to the 2015-2016	338
school year.	339

To be eligible to submit a request for a waiver, a chartered	340
nonpublic school shall meet the following conditions:	341

(i) At least ninety-five per cent of the students enrolled in	342
the school are children with disabilities, as defined under	343
section 3323.01 of the Revised Code, or have received a diagnosis	344
by a school district or from a physician, including a	345
neuropsychiatrist or psychiatrist, or a psychologist who is	346
authorized to practice in this or another state as having a	347
condition that impairs academic performance, such as dyslexia,	348
dyscalculia, attention deficit hyperactivity disorder, or	349
Asperger's syndrome.	350

(ii) The school has solely served a student population	351
described in division (K)(1)(c)(i) of this section for at least	352
ten years.	353

(iii) The school provides to the department at least five	354
years of records of internal testing conducted by the school that	355
affords the department data required for accountability purposes,	356
including diagnostic assessments and nationally standardized	357
norm-referenced achievement assessments that measure reading and	358
math skills.	359

(d) Any chartered nonpublic school that is not subject to	360
division (K)(1)(a) of this section may participate in the	361
assessment program by administering any of the assessments	362
prescribed by division (A) of section 3301.0710 of the Revised	363
Code. The chief administrator of the school shall specify which	364
assessments the school will administer. Such specification shall	365
be made in writing to the superintendent of public instruction	366
prior to the first day of August of any school year in which	367
assessments are administered and shall include a pledge that the	368
nonpublic school will administer the specified assessments in the	369
same manner as public schools are required to do under this	370
section and rules adopted by the department.	371

(2) The department of education shall furnish the assessments	372
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	373
to each chartered nonpublic school that is subject to division	374
(K)(1)(a) of this section or participates under division (K)(1)(b)	375
of this section.	376

(L)(1) The superintendent of the state school for the blind	377
and the superintendent of the state school for the deaf shall	378
administer the assessments described by sections 3301.0710 and	379
3301.0712 of the Revised Code. Each superintendent shall	380
administer the assessments in the same manner as district boards	381
are required to do under this section and rules adopted by the	382
department of education and in conformity with division (C)(1)(a)	383
of this section.	384

(2) The department of education shall furnish the assessments	385
described by sections 3301.0710 and 3301.0712 of the Revised Code	386
to each superintendent.	387

(M) Notwithstanding division (E) of this section, a school	388
district may use a student's failure to attain a score in at least	389
the proficient range on the mathematics assessment described by	390
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	391
an assessment described by division (A)(1)(b), (c), (d), (e), or	392
(f) of section 3301.0710 of the Revised Code as a factor in	393
retaining that student in the current grade level.	394

(N)(1) In the manner specified in divisions (N)(3), (4), and	395
(6) of this section, the assessments required by division (A)(1)	396
of section 3301.0710 of the Revised Code shall become public	397
records pursuant to section 149.43 of the Revised Code on the	398
thirty-first day of July following the school year that the	399
assessments were administered.	400

(2) The department may field test proposed questions with	401
samples of students to determine the validity, reliability, or	402
appropriateness of questions for possible inclusion in a future	403
year's assessment. The department also may use anchor questions on	404
assessments to ensure that different versions of the same	405
assessment are of comparable difficulty.	406

Field test questions and anchor questions shall not be	407
considered in computing scores for individual students. Field test	408
questions and anchor questions may be included as part of the	409
administration of any assessment required by division (A)(1) or	410
(B) of section 3301.0710 and division (B) of section 3301.0712 of	411
the Revised Code.	412

(3) Any field test question or anchor question administered	413
under division (N)(2) of this section shall not be a public	414
record. Such field test questions and anchor questions shall be	415
redacted from any assessments which are released as a public	416
record pursuant to division (N)(1) of this section.	417

(4) This division applies to the assessments prescribed by	418
division (A) of section 3301.0710 of the Revised Code.	419

(a) The first administration of each assessment, as specified	420
in former section 3301.0712 of the Revised Code, shall be a public	421
record.	422

(b) For subsequent administrations of each assessment prior	423
to the 2011-2012 school year, not less than forty per cent of the	424
questions on the assessment that are used to compute a student's	425
score shall be a public record. The department shall determine	426
which questions will be needed for reuse on a future assessment	427
and those questions shall not be public records and shall be	428
redacted from the assessment prior to its release as a public	429
record. However, for each redacted question, the department shall	430
inform each city, local, and exempted village school district of	431
the statewide academic standard adopted by the state board of	432
~~education~~ under section 3301.079 of the Revised Code and the	433
corresponding benchmark to which the question relates. The	434
preceding sentence does not apply to field test questions that are	435
redacted under division (N)(3) of this section.	436

(c) The administrations of each assessment in the 2011-2012,	437
2012-2013, and 2013-2014 school years shall not be a public	438
record.	439

(5) Each assessment prescribed by division (B)(1) of section	440
3301.0710 of the Revised Code shall not be a public record.	441

(6) Beginning with the spring administration for the	442
2014-2015 school year, questions on the assessments prescribed	443
under division (A) of section 3301.0710 and division (B)(2) of	444
section 3301.0712 of the Revised Code and the corresponding	445
preferred answers that are used to compute a student's score shall	446
become a public record as follows:	447

(a) Forty per cent of the questions and preferred answers on	448
the assessments on the thirty-first day of July following the	449
administration of the assessment;	450

(b) Twenty per cent of the questions and preferred answers on	451
the assessment on the thirty-first day of July one year after the	452
administration of the assessment;	453

(c) The remaining forty per cent of the questions and	454
preferred answers on the assessment on the thirty-first day of	455
July two years after the administration of the assessment.	456

The entire content of an assessment shall become a public	457
record within three years of its administration.	458

The department shall make the questions that become a public	459
record under this division readily accessible to the public on the	460
department's web site. Questions on the spring administration of	461
each assessment shall be released on an annual basis, in	462
accordance with this division.	463

(O) As used in this section:

464

(1) "Three-year average" means the average of the most recent	465
consecutive three school years of data.	466

(2) "Dropout" means a student who withdraws from school	467
before completing course requirements for graduation and who is	468
not enrolled in an education program approved by the state board	469
of education or an education program outside the state. "Dropout"	470
does not include a student who has departed the country.	471

(3) "Graduation rate" means the ratio of students receiving a	472
diploma to the number of students who entered ninth grade four	473
years earlier. Students who transfer into the district are added	474
to the calculation. Students who transfer out of the district for	475
reasons other than dropout are subtracted from the calculation. If	476
a student who was a dropout in any previous year returns to the	477
same school district, that student shall be entered into the	478
calculation as if the student had entered ninth grade four years	479
before the graduation year of the graduating class that the	480
student joins.	481

(4) "State scholarship programs" means the educational choice	482
scholarship pilot program established under sections 3310.01 to	483
3310.17 of the Revised Code, the autism scholarship program	484
established under section 3310.41 of the Revised Code, the Jon	485
Peterson special needs scholarship program established under	486
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	487
project scholarship program established under sections 3313.974 to	488
3313.979 of the Revised Code.	489

Sec. 3301.0712. (A) The state board of education, the	490
superintendent of public instruction, and the chancellor of the	491
Ohio board of regents shall develop a system of college and work	492
ready assessments as described in division (B) of this section to	493
assess whether each student upon graduating from high school is	494
ready to enter college or the workforce. Beginning with students	495
who enter the ninth grade for the first time on or after July 1,	496
2014, the system shall replace the Ohio graduation tests	497
prescribed in division (B)(1) of section 3301.0710 of the Revised	498
Code as a measure of student academic performance and one	499
determinant of eligibility for a high school diploma in the manner	500
prescribed by rule of the state board adopted under division (D)	501
of this section.	502

(B) The college and work ready assessment system shall	503
consist of the following:	504

(1) A nationally standardized assessment that measures	505
college and career readiness,and is used for college admission,	506
~~and includes components in English, mathematics, science, and~~	507
~~social studies~~. The assessment shall be selected jointly by the	508
state superintendent and the chancellor. The assessment prescribed	509
under division (B)(1) of this section shall be administered to all	510
eleventh-grade students.	511

(2) Seven end-of-course examinations, one in each of the	512
areas of English language arts I, English language arts II,	513
physical science or biology, Algebra I, geometry, American	514
history, and American government. The end-of-course examinations	515
shall be selected jointly by the state superintendent and the	516
chancellor in consultation with faculty in the appropriate subject	517
areas at institutions of higher education of the university system	518
of Ohio. Advanced placement examinations,and international	519
baccalaureate examinations, ~~and dual enrollment or advanced~~	520
~~standing program examinations,~~ as prescribed under section	521
3313.6013 of the Revised Code, in the areas of physical science or	522
biology, American history, and American government may be used as	523
end-of-course examinations in accordance with division	524
(B)(4)(a)(i) of this section. Final course grades for courses	525
taken under any other advanced standing program, as prescribed	526
under section 3313.6013 of the Revised Code, in the areas of	527
physical science or biology, American history, and American	528
government may be used in lieu of end-of-course examinations in	529
accordance with division (B)(4)(a)(ii) of this section.	530

(3)(a) Not later than July 1, 2013, each school district	531
board of education shall adopt interim end-of-course examinations	532
that comply with the requirements of divisions (B)(3)(b)(i) and	533
(ii) of this section to assess mastery of American history and	534
American government standards adopted under division (A)(1)(b) of	535
section 3301.079 of the Revised Code and the topics required under	536
division (M) of section 3313.603 of the Revised Code. Each high	537
school of the district shall use the interim examinations until	538
the state superintendent and chancellor select end-of-course	539
examinations in American history and American government under	540
division (B)(2) of this section.	541

(b) Not later than July 1, 2014, the state superintendent and	542
the chancellor shall select the end-of-course examinations in	543
American history and American government.	544

(i) The end-of-course examinations in American history and	545
American government shall require demonstration of mastery of the	546
American history and American government content for social	547
studies standards adopted under division (A)(1)(b) of section	548
3301.079 of the Revised Code and the topics required under	549
division (M) of section 3313.603 of the Revised Code.	550

(ii) At least twenty per cent of the end-of-course	551
examination in American government shall address the topics on	552
American history and American government described in division (M)	553
of section 3313.603 of the Revised Code.	554

(4)(a) Notwithstanding anything to the contrary in this	555
section, beginning with the 2014-2015 school year, ifboth of the	556
following shall apply:	557

(i) If a student is enrolled in an appropriate advanced	558
placement or international baccalaureate course ~~or is enrolled~~	559
~~under any other dual enrollment or advanced standing program~~, that	560
student shall take the advanced placement or international	561
baccalaureate examination ~~or applicable examination under dual~~	562
~~enrollment or advanced standing~~ in lieu of the physical science or	563
biology, American history, or American government end-of-course	564
examinations prescribed under division (B)(2) of this section. The	565
state board shall specify the score levels for each advanced	566
placement examination,and international baccalaureate	567
examination~~, and examination required under other dual enrollment~~	568
~~or advanced standing programs~~ for purposes of calculating the	569
minimum cumulative performance score that demonstrates the level	570
of academic achievement necessary to earn a high school diploma.	571

(ii) If a student is enrolled in an appropriate course under	572
any other advanced standing program, as described in section	573
3313.6013 of the Revised Code, that student shall not be required	574
to take the physical science or biology, American history, or	575
American government end-of-course examination, whichever is	576
applicable, prescribed under division (B)(2) of this section.	577
Instead, that student's final course grade shall be used in lieu	578
of the applicable end-of-course examination prescribed under that	579
section. The state superintendent and the chancellor jointly shall	580
adopt guidelines for purposes of calculating the minimum final	581
course grade that demonstrates the level of academic achievement	582
necessary to earn a high school diploma.	583

Division (B)(4)(a)(ii) of this section shall apply only to	584
courses for which students receive transcripted credit, as defined	585
in division (U) of section 3365.01 of the Revised Code. It shall	586
not apply to remedial or developmental courses.	587

(b) No student shall take a substitute examination or	588
examination prescribed under division (B)(4)(a) of this section in	589
place of the end-of-course examinations in English language arts	590
I, English language arts II, Algebra I, or geometry prescribed	591
under division (B)(2) of this section.	592

(c) The state board shall consider additional assessments	593
that may be used, beginning with the 2016-2017 school year, as	594
substitute examinations in lieu of the end-of-course examinations	595
prescribed under division (B)(2) of this section.	596

(5)~~(a)~~ The state board shall ~~determine~~do all of the	597
following:	598

(a) Determine and designate at least five ranges of scores on	599
each of the end-of-course examinations prescribed under division	600
(B)(2) of this section, and substitute examinations prescribed	601
under division (B)(4) of this section. Each range of scores shall	602
be considered to demonstrate a level of achievement so that any	603
student attaining a score within such range has achieved one of	604
the following:	605

(i) An advanced level of skill;

606

(ii) An accelerated level of skill;

607

(iii) A proficient level of skill;

608

(iv) A basic level of skill;

609

(v) A limited level of skill.

610

(b) Determine a method by which to calculate a cumulative	611
performance score based on the results of a student's	612
end-of-course examinations or substitute examinations;	613

(c) Determine the minimum cumulative performance score that	614
demonstrates the level of academic achievement necessary to earn a	615
high school diploma;	616

(d) Develop a table of corresponding score equivalents for	617
the end-of-course examinations and substitute examinations in	618
order to calculate student performance consistently across the	619
different examinations. A score of two on an advanced placement	620
examination shall be considered equivalent to a proficient level	621
of skill as specified under division (B)(5)(a)(iii) of this	622
section. A score of three on an advanced placement examinations	623
shall be considered equivalent to an accelerated level of skill as	624
specified under division (B)(5)(a)(ii) of this section.	625

(6) Any student who received high school credit prior to July	626
1, 2014, for a course for which an end-of-course examination is	627
prescribed by division (B)(2) of this section shall not be	628
required to take that end-of-course examination. Receipt of credit	629
for that course shall satisfy the requirement to take the	630
end-of-course examination.	631

(7)(a) Notwithstanding anything to the contrary in this	632
section, the state board may replace the algebra I end-of-course	633
examination prescribed under division (B)(2) of this section with	634
an algebra II end-of-course examination, beginning with the	635
2016-2017 school year for students who enter ninth grade on or	636
after July 1, 2016.	637

(b) If the state board replaces the algebra I end-of-course	638
examination with an algebra II end-of-course examination as	639
authorized under division (B)(7)(a) of this section, aboth of the	640
following shall apply:	641

(i) A student who is enrolled in an advanced placement or	642
international baccalaureate course in algebra II ~~or is enrolled~~	643
~~under any other dual enrollment or advanced standing program in~~	644
~~algebra II~~ shall take the advanced placement or international	645
baccalaureate examination ~~or applicable examination under dual~~	646
~~enrollment or advanced standing~~ in lieu of the algebra II	647
end-of-course examination.	648

(ii) A student who is enrolled in an algebra II course under	649
any other advanced standing program, as described in section	650
3313.6013 of the Revised Code, shall not be required to take the	651
algebra II end-of-course examination, so long as the course is not	652
remedial or developmental and the student receives transcripted	653
credit, as defined in division (U) of section 3365.01 of the	654
Revised Code, for the course. Instead, that student's final course	655
grade shall be used in lieu of the examination.	656

(c) If a school district or school utilizes an integrated	657
approach to mathematics instruction, the district or school may do	658
either or both of the following:	659

(i) Administer an integrated mathematics I end-of-course	660
examination in lieu of the prescribed algebra I end-of-course	661
examination;	662

(ii) Administer an integrated mathematics II end-of-course	663
examination in lieu of the prescribed geometry end-of-course	664
examination.	665

(8)(a) Until July 1, 2016, the department of education shall	666
make available end-of-course examinations in both physical science	667
and biology.	668

(b) For any school year that begins on or after July 1, 2016,	669
the state board may choose to provide one or both of the	670
end-of-course examinations in physical science and biology.	671

(C) The state board shall convene a group of national	672
experts, state experts, and local practitioners to provide advice,	673
guidance, and recommendations for the alignment of standards and	674
model curricula to the assessments and in the design of the	675
end-of-course examinations prescribed by this section.	676

(D) Upon completion of the development of the assessment	677
system, the state board shall adopt rules prescribing all of the	678
following:	679

(1) A timeline and plan for implementation of the assessment	680
system, including a phased implementation if the state board	681
determines such a phase-in is warranted;	682

(2) The date after which a person shall meet the requirements	683
of the entire assessment system as a prerequisite for a diploma of	684
adult education under section 3313.611 of the Revised Code;	685

(3) Whether and the extent to which a person may be excused	686
from an American history end-of-course examination and an American	687
government end-of-course examination under division (H) of section	688
3313.61 and division (B)(3) of section 3313.612 of the Revised	689
Code;	690

(4) The date after which a person who has fulfilled the	691
curriculum requirement for a diploma but has not passed one or	692
more of the required assessments at the time the person fulfilled	693
the curriculum requirement shall meet the requirements of the	694
entire assessment system as a prerequisite for a high school	695
diploma under division (B) of section 3313.614 of the Revised	696
Code;	697

(5) The extent to which the assessment system applies to	698
students enrolled in a dropout recovery and prevention program for	699
purposes of division (F) of section 3313.603 and section 3314.36	700
of the Revised Code.	701

(E) Not later than forty-five days prior to the state board's	702
adoption of a resolution directing the department of education to	703
file the rules prescribed by division (D) of this section in final	704
form under section 119.04 of the Revised Code, the superintendent	705
of public instruction shall present the assessment system	706
developed under this section to the respective committees of the	707
house of representatives and senate that consider education	708
legislation.	709

(F)(1) Any person enrolled in a nonchartered nonpublic school	710
or any person who has been excused from attendance at school for	711
the purpose of home instruction under section 3321.04 of the	712
Revised Code may choose to participate in the system of	713
assessments administered under divisions (B)(1) and (2) of this	714
section. However, no such person shall be required to participate	715
in the system of assessments.	716

(2) The department shall adopt rules for the administration	717
and scoring of any assessments under division (F)(1) of this	718
section.	719

(G) Not later than December 31, 2014, the state board shall	720
select at least one nationally recognized job skills assessment.	721
Each school district shall administer that assessment to those	722
students who opt to take it. The state shall reimburse a school	723
district for the costs of administering that assessment. The state	724
board shall establish the minimum score a student must attain on	725
the job skills assessment in order to demonstrate a student's	726
workforce readiness and employability. The administration of the	727
job skills assessment to a student under this division shall not	728
exempt a school district from administering the assessments	729
prescribed in division (B) of this section to that student.	730

Sec. 3302.02. Not later than one year after the adoption of	731
rules under division (D) of section 3301.0712 of the Revised Code	732
and at least every sixth year thereafter, upon recommendations of	733
the superintendent of public instruction, the state board of	734
education shall establish a set of performance indicators that	735
considered as a unit will be used as one of the performance	736
categories for the report cards required by section 3302.03 of the	737
Revised Code. In establishing these indicators, the superintendent	738
shall consider inclusion of student performance on assessments	739
prescribed under section 3301.0710 or 3301.0712 of the Revised	740
Code, rates of student improvement on such assessments, the	741
breadth of coursework available within the district, and other	742
indicators of student success.	743

Beginning with the report card for the 2014-2015 school year,	744
the performance indicators shall include an indicator that	745
reflects the level of services provided to, and the performance	746
of, students identified as gifted under Chapter 3324. of the	747
Revised Code. The indicator shall include the performance of	748
students identified as gifted on state assessments and value-added	749
growth measure disaggregated for students identified as gifted.	750

For the 2013-2014 school year, except as otherwise provided	751
in this section, for any indicator based on the percentage of	752
students attaining a proficient score on the assessments	753
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the	754
Revised Code, a school district or building shall be considered to	755
have met the indicator if at least eighty per cent of the tested	756
students attain a score of proficient or higher on the assessment.	757
A school district or building shall be considered to have met the	758
indicator for the assessments prescribed by division (B)(1) of	759
section 3301.0710 of the Revised Code and only as administered to	760
eleventh grade students, if at least eighty-five per cent of the	761
tested students attain a score of proficient or higher on the	762
assessment. ~~Not later than July 1, 2014, the~~	763

The state board ~~may~~shall adopt rules, under Chapter 119. of	764
the Revised Code, to establish ~~different~~ proficiency percentages	765
to meet each indicator that is based on a state assessment,	766
prescribed under section 3301.0710 or 3301.0712 of the Revised	767
Code, for the 2014-2015 school year and thereafter by the	768
following dates:	769

(A) Not later than December 1, 2015, for the 2014-2015 school	770
year;	771

(B) Not later than July 1, 2016, for the 2015-2016 school	772
year;	773

(C) Not later than July 1, 2017, for the 2016-2017 school	774
year, and for each school year thereafter.	775

The proficiency percentage shall not be less than sixty per	776
cent for the 2014-2015, 2015-2016, and 2016-2017 school years. The	777
proficiency percentage shall not be less than eighty per cent for	778
the 2017-2018 school year and each school year thereafter.	779

The superintendent shall not establish any performance	780
indicator for passage of the third or fourth grade English	781
language arts assessment that is solely based on the assessment	782
given in the fall for the purpose of determining whether students	783
have met the reading guarantee provisions of section 3313.608 of	784
the Revised Code.	785

Sec. 3302.03. Annually, not later than the fifteenth day of	786
September or the preceding Friday when that day falls on a	787
Saturday or Sunday, the department of education shall assign a	788
letter grade for overall academic performance and for each	789
separate performance measure for each school district, and each	790
school building in a district, in accordance with this section.	791
The state board shall adopt rules pursuant to Chapter 119. of the	792
Revised Code to establish performance criteria for each letter	793
grade and prescribe a method by which the department assigns each	794
letter grade. For a school building to which any of the	795
performance measures do not apply, due to grade levels served by	796
the building, the state board shall designate the performance	797
measures that are applicable to the building and that must be	798
calculated separately and used to calculate the building's overall	799
grade. The department shall issue annual report cards reflecting	800
the performance of each school district, each building within each	801
district, and for the state as a whole using the performance	802
measures and letter grade system described in this section. The	803
department shall include on the report card for each district and	804
each building within each district the most recent two-year trend	805
data in student achievement for each subject and each grade.	806

(A)(1) For the 2012-2013 school year, the department shall	807
issue grades as described in division (E) of this section for each	808
of the following performance measures:	809

(a) Annual measurable objectives;

810

(b) Performance index score for a school district or	811
building. Grades shall be awarded as a percentage of the total	812
possible points on the performance index system as adopted by the	813
state board. In adopting benchmarks for assigning letter grades	814
under division (A)(1)(b) of this section, the state board of	815
education shall designate ninety per cent or higher for an "A," at	816
least seventy per cent but not more than eighty per cent for a	817
"C," and less than fifty per cent for an "F."	818

(c) The extent to which the school district or building meets	819
each of the applicable performance indicators established by the	820
state board under section 3302.02 of the Revised Code and the	821
percentage of applicable performance indicators that have been	822
achieved. In adopting benchmarks for assigning letter grades under	823
division (A)(1)(c) of this section, the state board shall	824
designate ninety per cent or higher for an "A."	825

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

826

In adopting benchmarks for assigning letter grades under	827
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	828
department shall designate a four-year adjusted cohort graduation	829
rate of ninety-three per cent or higher for an "A" and a five-year	830
cohort graduation rate of ninety-five per cent or higher for an	831
"A."	832

(e) The overall score under the value-added progress	833
dimension of a school district or building, for which the	834
department shall use up to three years of value-added data as	835
available. The letter grade assigned for this growth measure shall	836
be as follows:	837

(i) A score that is at least two standard errors of measure	838
above the mean score shall be designated as an "A."	839

(ii) A score that is at least one standard error of measure	840
but less than two standard errors of measure above the mean score	841
shall be designated as a "B."	842

(iii) A score that is less than one standard error of measure	843
above the mean score but greater than or equal to one standard	844
error of measure below the mean score shall be designated as a	845
"C."	846

(iv) A score that is not greater than one standard error of	847
measure below the mean score but is greater than or equal to two	848
standard errors of measure below the mean score shall be	849
designated as a "D."	850

(v) A score that is not greater than two standard errors of	851
measure below the mean score shall be designated as an "F."	852

Whenever the value-added progress dimension is used as a	853
graded performance measure, whether as an overall measure or as a	854
measure of separate subgroups, the grades for the measure shall be	855
calculated in the same manner as prescribed in division (A)(1)(e)	856
of this section.	857

(f) The value-added progress dimension score for a school	858
district or building disaggregated for each of the following	859
subgroups: students identified as gifted, students with	860
disabilities, and students whose performance places them in the	861
lowest quintile for achievement on a statewide basis. Each	862
subgroup shall be a separate graded measure.	863

(2) Not later than April 30, 2013, the state board of	864
education shall adopt a resolution describing the performance	865
measures, benchmarks, and grading system for the 2012-2013 school	866
year and, not later than June 30, 2013, shall adopt rules in	867
accordance with Chapter 119. of the Revised Code that prescribe	868
the methods by which the performance measures under division	869
(A)(1) of this section shall be assessed and assigned a letter	870
grade, including performance benchmarks for each letter grade.	871

At least forty-five days prior to the state board's adoption	872
of rules to prescribe the methods by which the performance	873
measures under division (A)(1) of this section shall be assessed	874
and assigned a letter grade, the department shall conduct a public	875
presentation before the standing committees of the house of	876
representatives and the senate that consider education legislation	877
describing such methods, including performance benchmarks.	878

(3) There shall not be an overall letter grade for a school	879
district or building for the 2012-2013 school year.	880

(B)(1) For the 2013-2014 school year, the department shall	881
issue grades as described in division (E) of this section for each	882
of the following performance measures:	883

(a) Annual measurable objectives;

884

(b) Performance index score for a school district or	885
building. Grades shall be awarded as a percentage of the total	886
possible points on the performance index system as created by the	887
department. In adopting benchmarks for assigning letter grades	888
under division (B)(1)(b) of this section, the state board shall	889
designate ninety per cent or higher for an "A," at least seventy	890
per cent but not more than eighty per cent for a "C," and less	891
than fifty per cent for an "F."	892

(c) The extent to which the school district or building meets	893
each of the applicable performance indicators established by the	894
state board under section 3302.03 of the Revised Code and the	895
percentage of applicable performance indicators that have been	896
achieved. In adopting benchmarks for assigning letter grades under	897
division (B)(1)(c) of this section, the state board shall	898
designate ninety per cent or higher for an "A."	899

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

900

(e) The overall score under the value-added progress	901
dimension of a school district or building, for which the	902
department shall use up to three years of value-added data as	903
available.	904

(f) The value-added progress dimension score for a school	905
district or building disaggregated for each of the following	906
subgroups: students identified as gifted in superior cognitive	907
ability and specific academic ability fields under Chapter 3324.	908
of the Revised Code, students with disabilities, and students	909
whose performance places them in the lowest quintile for	910
achievement on a statewide basis. Each subgroup shall be a	911
separate graded measure.	912

(g) Whether a school district or building is making progress	913
in improving literacy in grades kindergarten through three, as	914
determined using a method prescribed by the state board. The state	915
board shall adopt rules to prescribe benchmarks and standards for	916
assigning grades to districts and buildings for purposes of	917
division (B)(1)(g) of this section. In adopting benchmarks for	918
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	919
this section, the state board shall determine progress made based	920
on the reduction in the total percentage of students scoring below	921
grade level, or below proficient, compared from year to year on	922
the reading and writing diagnostic assessments administered under	923
section 3301.0715 of the Revised Code and the third grade English	924
language arts assessment under section 3301.0710 of the Revised	925
Code, as applicable. The state board shall designate for a "C"	926
grade a value that is not lower than the statewide average value	927
for this measure. No grade shall be issued under divisions	928
(B)(1)(g) and (C)(1)(g) of this section for a district or building	929
in which less than five per cent of students have scored below	930
grade level on the diagnostic assessment administered to students	931
in kindergarten under division (B)(1) of section 3313.608 of the	932
Revised Code.	933

(h) For a high mobility school district or building, an	934
additional value-added progress dimension score. For this measure,	935
the department shall use value-added data from the most recent	936
school year available and shall use assessment scores for only	937
those students to whom the district or building has administered	938
the assessments prescribed by section 3301.0710 of the Revised	939
Code for each of the two most recent consecutive school years.	940

As used in this division, "high mobility school district or	941
building" means a school district or building where at least	942
twenty-five per cent of its total enrollment is made up of	943
students who have attended that school district or building for	944
less than one year.	945

(2) In addition to the graded measures in division (B)(1) of	946
this section, the department shall include on a school district's	947
or building's report card all of the following without an assigned	948
letter grade:	949

(a) The percentage of students enrolled in a district or	950
building participating in advanced placement classes and the	951
percentage of those students who received a score of three or	952
better on advanced placement examinations;	953

(b) The number of a district's or building's students who	954
have earned at least three college credits through dual enrollment	955
or advanced standing programs, such as the post-secondary	956
enrollment options program under Chapter 3365. of the Revised Code	957
and state-approved career-technical courses offered through dual	958
enrollment or statewide articulation, that appear on a student's	959
transcript or other official document, either of which is issued	960
by the institution of higher education from which the student	961
earned the college credit. The credits earned that are reported	962
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	963
include any that are remedial or developmental and shall include	964
those that count toward the curriculum requirements established	965
for completion of a degree.	966

(c) The percentage of students enrolled in a district or	967
building who have taken a national standardized test used for	968
college admission determinations and the percentage of those	969
students who are determined to be remediation-free in accordance	970
with standards adopted under division (F) of section 3345.061 of	971
the Revised Code;	972

(d) The percentage of the district's or the building's	973
students who receive industry-recognized credentials. The state	974
board shall adopt criteria for acceptable industry-recognized	975
credentials.	976

(e) The percentage of students enrolled in a district or	977
building who are participating in an international baccalaureate	978
program and the percentage of those students who receive a score	979
of four or better on the international baccalaureate examinations.	980

(f) The percentage of the district's or building's students	981
who receive an honors diploma under division (B) of section	982
3313.61 of the Revised Code.	983

(3) Not later than December 31, 2013, the state board shall	984
adopt rules in accordance with Chapter 119. of the Revised Code	985
that prescribe the methods by which the performance measures under	986
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	987
and assigned a letter grade, including performance benchmarks for	988
each grade.	989

At least forty-five days prior to the state board's adoption	990
of rules to prescribe the methods by which the performance	991
measures under division (B)(1) of this section shall be assessed	992
and assigned a letter grade, the department shall conduct a public	993
presentation before the standing committees of the house of	994
representatives and the senate that consider education legislation	995
describing such methods, including performance benchmarks.	996

(4) There shall not be an overall letter grade for a school	997
district or building for the 2013-2014 school year.	998

(C)(1) For the 2014-2015 school year and each school year	999
thereafter, the department shall issue grades as described in	1000
division (E) of this section for each of the performance measures	1001
prescribed in division (C)(1) of this section and an overall	1002
letter grade based on an aggregate of those measures, except for	1003
the performance measure set forth in division (C)(1)(h) of this	1004
section. The graded measures are as follows:	1005

(a) Annual measurable objectives;

1006

(b) Performance index score for a school district or	1007
building. Grades shall be awarded as a percentage of the total	1008
possible points on the performance index system as created by the	1009
department. In adopting benchmarks for assigning letter grades	1010
under division (C)(1)(b) of this section, the state board shall	1011
designate ninety per cent or higher for an "A," at least seventy	1012
per cent but not more than eighty per cent for a "C," and less	1013
than fifty per cent for an "F."	1014

(c) The extent to which the school district or building meets	1015
each of the applicable performance indicators established by the	1016
state board under section 3302.03 of the Revised Code and the	1017
percentage of applicable performance indicators that have been	1018
achieved. In adopting benchmarks for assigning letter grades under	1019
division (C)(1)(c) of this section, the state board shall	1020
designate ninety per cent or higher for an "A."	1021

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

1022

(e) The overall score under the value-added progress	1023
dimension, or another measure of student academic progress if	1024
adopted by the state board, of a school district or building, for	1025
which the department shall use up to three years of value-added	1026
data as available.	1027

In adopting benchmarks for assigning letter grades for	1028
overall score on value-added progress dimension under division	1029
(C)(1)(e) of this section, the state board shall prohibit the	1030
assigning of a grade of "A" for that measure unless the district's	1031
or building's grade assigned for value-added progress dimension	1032
for all subgroups under division (C)(1)(f) of this section is a	1033
"B" or higher.	1034

For the metric prescribed by division (C)(1)(e) of this	1035
section, the state board may adopt a student academic progress	1036
measure to be used instead of the value-added progress dimension.	1037
If the state board adopts such a measure, it also shall prescribe	1038
a method for assigning letter grades for the new measure that is	1039
comparable to the method prescribed in division (A)(1)(e) of this	1040
section.	1041

(f) The value-added progress dimension score of a school	1042
district or building disaggregated for each of the following	1043
subgroups: students identified as gifted in superior cognitive	1044
ability and specific academic ability fields under Chapter 3324.	1045
of the Revised Code, students with disabilities, and students	1046
whose performance places them in the lowest quintile for	1047
achievement on a statewide basis, as determined by a method	1048
prescribed by the state board. Each subgroup shall be a separate	1049
graded measure.	1050

The state board may adopt student academic progress measures	1051
to be used instead of the value-added progress dimension. If the	1052
state board adopts such measures, it also shall prescribe a method	1053
for assigning letter grades for the new measures that is	1054
comparable to the method prescribed in division (A)(1)(e) of this	1055
section.	1056

(g) Whether a school district or building is making progress	1057
in improving literacy in grades kindergarten through three, as	1058
determined using a method prescribed by the state board. The state	1059
board shall adopt rules to prescribe benchmarks and standards for	1060
assigning grades to a district or building for purposes of	1061
division (C)(1)(g) of this section. The state board shall	1062
designate for a "C" grade a value that is not lower than the	1063
previous year's statewide average value for this measure. No grade	1064
shall be issued under division (C)(1)(g) of this section for a	1065
district or building in which less than five per cent of students	1066
have scored below grade level on the kindergarten diagnostic	1067
assessment under division (B)(1) of section 3313.608 of the	1068
Revised Code, unless five per cent or more of students fail to	1069
score proficient or above on the English language arts assessment	1070
prescribed under division (A)(1)(a) of section 3301.0710 of the	1071
Revised Code.	1072

(h) For a high mobility school district or building, an	1073
additional value-added progress dimension score. For this measure,	1074
the department shall use value-added data from the most recent	1075
school year available and shall use assessment scores for only	1076
those students to whom the district or building has administered	1077
the assessments prescribed by section 3301.0710 of the Revised	1078
Code for each of the two most recent consecutive school years.	1079

As used in this division, "high mobility school district or	1080
building" means a school district or building where at least	1081
twenty-five per cent of its total enrollment is made up of	1082
students who have attended that school district or building for	1083
less than one year.	1084

(2) In addition to the graded measures in division (C)(1) of	1085
this section, the department shall include on a school district's	1086
or building's report card all of the following without an assigned	1087
letter grade:	1088

(a) The percentage of students enrolled in a district or	1089
building who have taken a national standardized test used for	1090
college admission determinations and the percentage of those	1091
students who are determined to be remediation-free in accordance	1092
with the standards adopted under division (F) of section 3345.061	1093
of the Revised Code;	1094

(b) The percentage of students enrolled in a district or	1095
building participating in advanced placement classes and the	1096
percentage of those students who received a score of three or	1097
better on advanced placement examinations;	1098

(c) The percentage of a district's or building's students who	1099
have earned at least three college credits through advanced	1100
standing programs, such as the college credit plus program under	1101
Chapter 3365. of the Revised Code and state-approved	1102
career-technical courses offered through dual enrollment or	1103
statewide articulation, that appear on a student's college	1104
transcript issued by the institution of higher education from	1105
which the student earned the college credit. The credits earned	1106
that are reported under divisions (B)(2)(b) and (C)(2)(c) of this	1107
section shall not include any that are remedial or developmental	1108
and shall include those that count toward the curriculum	1109
requirements established for completion of a degree.	1110

(d) The percentage of the district's or building's students	1111
who receive an honor's diploma under division (B) of section	1112
3313.61 of the Revised Code;	1113

(e) The percentage of the district's or building's students	1114
who receive industry-recognized credentials;	1115

(f) The percentage of students enrolled in a district or	1116
building who are participating in an international baccalaureate	1117
program and the percentage of those students who receive a score	1118
of four or better on the international baccalaureate examinations;	1119

(g) The results of the college and career-ready assessments	1120
administered under division (B)(1) of section 3301.0712 of the	1121
Revised Code.	1122

(3) The state board shall adopt rules pursuant to Chapter	1123
119. of the Revised Code that establish a method to assign an	1124
overall grade for a school district or school building for the	1125
2014-2015 school year and each school year thereafter. The rules	1126
shall group the performance measures in divisions (C)(1) and (2)	1127
of this section into the following components:	1128

(a) Gap closing, which shall include the performance measure	1129
in division (C)(1)(a) of this section;	1130

(b) Achievement, which shall include the performance measures	1131
in divisions (C)(1)(b) and (c) of this section;	1132

(c) Progress, which shall include the performance measures in	1133
divisions (C)(1)(e) and (f) of this section;	1134

(d) Graduation, which shall include the performance measure	1135
in division (C)(1)(d) of this section;	1136

(e) Kindergarten through third-grade literacy, which shall	1137
include the performance measure in division (C)(1)(g) of this	1138
section;	1139

(f) Prepared for success, which shall include the performance	1140
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1141
this section. The state board shall develop a method to determine	1142
a grade for the component in division (C)(3)(f) of this section	1143
using the performance measures in divisions (C)(2)(a), (b), (c),	1144
(d), (e), and (f) of this section. When available, the state board	1145
may incorporate the performance measure under division (C)(2)(g)	1146
of this section into the component under division (C)(3)(f) of	1147
this section. When determining the overall grade for the prepared	1148
for success component prescribed by division (C)(3)(f) of this	1149
section, no individual student shall be counted in more than one	1150
performance measure. However, if a student qualifies for more than	1151
one performance measure in the component, the state board may, in	1152
its method to determine a grade for the component, specify an	1153
additional weight for such a student that is not greater than or	1154
equal to 1.0. In determining the overall score under division	1155
(C)(3)(f) of this section, the state board shall ensure that the	1156
pool of students included in the performance measures aggregated	1157
under that division are all of the students included in the four-	1158
and five-year adjusted graduation cohort.	1159

In the rules adopted under division (C)(3) of this section,	1160
the state board shall adopt a method for determining a grade for	1161
each component in divisions (C)(3)(a) to (f) of this section. The	1162
state board also shall establish a method to assign an overall	1163
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1164
each component. The method the state board adopts for assigning	1165
an overall grade shall give equal weight to the components in	1166
divisions (C)(3)(b) and (c) of this section.	1167

At least forty-five days prior to the state board's adoption	1168
of rules to prescribe the methods for calculating the overall	1169
grade for the report card, as required by this division, the	1170
department shall conduct a public presentation before the standing	1171
committees of the house of representatives and the senate that	1172
consider education legislation describing the format for the	1173
report card, weights that will be assigned to the components of	1174
the overall grade, and the method for calculating the overall	1175
grade.	1176

(D) Not later than July 1, 2015, the state board shall	1177
develop a measure of student academic progress for high school	1178
students using only data from assessments in English language arts	1179
and mathematics. For the 2014-2015 school year, the department	1180
shall include this measure on a school district or building's	1181
report card, as applicable, without an assigned letter grade.	1182
Beginning with the report card for the 2015-2016 school year, each	1183
school district and applicable school building shall be assigned a	1184
separate letter grade for this measure and the district's or	1185
building's grade for that measure shall be included in determining	1186
the district's or building's overall letter grade. This measure	1187
shall be included within the measure prescribed in division	1188
(C)(3)(c) of this section in the calculation for the overall	1189
letter grade.	1190

(E) The letter grades assigned to a school district or	1191
building under this section shall be as follows:	1192

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

1193

(2) "B" for a district or school making above average	1194
progress;	1195

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

1196

(4) "D" for a district or school making below average	1197
progress;	1198

(5) "F" for a district or school failing to meet minimum	1199
progress.	1200

(F) When reporting data on student achievement and progress,	1201
the department shall disaggregate that data according to the	1202
following categories:	1203

(1) Performance of students by grade-level;

1204

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

1205

(3) Performance of students by gender;

1206

(4) Performance of students grouped by those who have been	1207
enrolled in a district or school for three or more years;	1208

(5) Performance of students grouped by those who have been	1209
enrolled in a district or school for more than one year and less	1210
than three years;	1211

(6) Performance of students grouped by those who have been	1212
enrolled in a district or school for one year or less;	1213

(7) Performance of students grouped by those who are	1214
economically disadvantaged;	1215

(8) Performance of students grouped by those who are enrolled	1216
in a conversion community school established under Chapter 3314.	1217
of the Revised Code;	1218

(9) Performance of students grouped by those who are	1219
classified as limited English proficient;	1220

(10) Performance of students grouped by those who have	1221
disabilities;	1222

(11) Performance of students grouped by those who are	1223
classified as migrants;	1224

(12) Performance of students grouped by those who are	1225
identified as gifted in superior cognitive ability and the	1226
specific academic ability fields of reading and math pursuant to	1227
Chapter 3324. of the Revised Code. In disaggregating specific	1228
academic ability fields for gifted students, the department shall	1229
use data for those students with specific academic ability in math	1230
and reading. If any other academic field is assessed, the	1231
department shall also include data for students with specific	1232
academic ability in that field as well.	1233

(13) Performance of students grouped by those who perform in	1234
the lowest quintile for achievement on a statewide basis, as	1235
determined by a method prescribed by the state board.	1236

The department may disaggregate data on student performance	1237
according to other categories that the department determines are	1238
appropriate. To the extent possible, the department shall	1239
disaggregate data on student performance according to any	1240
combinations of two or more of the categories listed in divisions	1241
(F)(1) to (13) of this section that it deems relevant.	1242

In reporting data pursuant to division (F) of this section,	1243
the department shall not include in the report cards any data	1244
statistical in nature that is statistically unreliable or that	1245
could result in the identification of individual students. For	1246
this purpose, the department shall not report student performance	1247
data for any group identified in division (F) of this section that	1248
contains less than ten students. If the department does not report	1249
student performance data for a group because it contains less than	1250
ten students, the department shall indicate on the report card	1251
that is why data was not reported.	1252

(G) The department may include with the report cards any	1253
additional education and fiscal performance data it deems	1254
valuable.	1255

(H) The department shall include on each report card a list	1256
of additional information collected by the department that is	1257
available regarding the district or building for which the report	1258
card is issued. When available, such additional information shall	1259
include student mobility data disaggregated by race and	1260
socioeconomic status, college enrollment data, and the reports	1261
prepared under section 3302.031 of the Revised Code.	1262

The department shall maintain a site on the world wide web.	1263
The report card shall include the address of the site and shall	1264
specify that such additional information is available to the	1265
public at that site. The department shall also provide a copy of	1266
each item on the list to the superintendent of each school	1267
district. The district superintendent shall provide a copy of any	1268
item on the list to anyone who requests it.	1269

(I) Division (I) of this section does not apply to conversion	1270
community schools that primarily enroll students between sixteen	1271
and twenty-two years of age who dropped out of high school or are	1272
at risk of dropping out of high school due to poor attendance,	1273
disciplinary problems, or suspensions.	1274

(1) For any district that sponsors a conversion community	1275
school under Chapter 3314. of the Revised Code, the department	1276
shall combine data regarding the academic performance of students	1277
enrolled in the community school with comparable data from the	1278
schools of the district for the purpose of determining the	1279
performance of the district as a whole on the report card issued	1280
for the district under this section or section 3302.033 of the	1281
Revised Code.	1282

(2) Any district that leases a building to a community school	1283
located in the district or that enters into an agreement with a	1284
community school located in the district whereby the district and	1285
the school endorse each other's programs may elect to have data	1286
regarding the academic performance of students enrolled in the	1287
community school combined with comparable data from the schools of	1288
the district for the purpose of determining the performance of the	1289
district as a whole on the district report card. Any district that	1290
so elects shall annually file a copy of the lease or agreement	1291
with the department.	1292

(3) Any municipal school district, as defined in section	1293
3311.71 of the Revised Code, that sponsors a community school	1294
located within the district's territory, or that enters into an	1295
agreement with a community school located within the district's	1296
territory whereby the district and the community school endorse	1297
each other's programs, may exercise either or both of the	1298
following elections:	1299

(a) To have data regarding the academic performance of	1300
students enrolled in that community school combined with	1301
comparable data from the schools of the district for the purpose	1302
of determining the performance of the district as a whole on the	1303
district's report card;	1304

(b) To have the number of students attending that community	1305
school noted separately on the district's report card.	1306

The election authorized under division (I)(3)(a) of this	1307
section is subject to approval by the governing authority of the	1308
community school.	1309

Any municipal school district that exercises an election to	1310
combine or include data under division (I)(3) of this section, by	1311
the first day of October of each year, shall file with the	1312
department documentation indicating eligibility for that election,	1313
as required by the department.	1314

(J) The department shall include on each report card the	1315
percentage of teachers in the district or building who are highly	1316
qualified, as defined by the No Child Left Behind Act of 2001, and	1317
a comparison of that percentage with the percentages of such	1318
teachers in similar districts and buildings.	1319

(K)(1) In calculating English language arts, mathematics,	1320
social studies, or science assessment passage rates used to	1321
determine school district or building performance under this	1322
section, the department shall include all students taking an	1323
assessment with accommodation or to whom an alternate assessment	1324
is administered pursuant to division (C)(1) or (3) of section	1325
3301.0711 of the Revised Code.	1326

(2) In calculating performance index scores, rates of	1327
achievement on the performance indicators established by the state	1328
board under section 3302.02 of the Revised Code, and annual	1329
measurable objectives for determining adequate yearly progress for	1330
school districts and buildings under this section, the department	1331
shall do all of the following:	1332

(a) Include for each district or building only those students	1333
who are included in the ADM certified for the first full school	1334
week of October and are continuously enrolled in the district or	1335
building through the time of the spring administration of any	1336
assessment prescribed by division (A)(1) or (B)(1) of section	1337
3301.0710 or division (B) of section 3301.0712 of the Revised Code	1338
that is administered to the student's grade level;	1339

(b) Include cumulative totals from both the fall and spring	1340
administrations of the third grade English language arts	1341
achievement assessment;	1342

(c) Except as required by the No Child Left Behind Act of	1343
2001, exclude for each district or building any limited English	1344
proficient student who has been enrolled in United States schools	1345
for less than one full school year.	1346

(L) Beginning with the 2015-2016 school year and at least	1347
once every three years thereafter, the state board of education	1348
shall review and may adjust the benchmarks for assigning letter	1349
grades to the performance measures and components prescribed under	1350
divisions (C)(3) and (D) of this section.	1351

Sec. 3302.035. (A) Not later than October 1, 2015, and not	1352
later than the first day of October each year thereafter, the	1353
department of education shall report for each school district,	1354
each community school established under Chapter 3314., each STEM	1355
school established under Chapter 3326., and each	1356
college-preparatory boarding school established under Chapter	1357
3328. of the Revised Code, the following measures for students	1358
with disabilities enrolled in that school district or community,	1359
STEM, or college-preparatory boarding school:	1360

(1) The value-added progress dimension score, as	1361
disaggregated for that subgroup under division (C)(1)(f) of	1362
section 3302.03 of the Revised Code;	1363

(2) The performance index score for that subgroup, as defined	1364
under division (A) of section 3302.01 of the Revised Code;	1365

(3) The four- ~~and five-year~~, five-, six-, seven-, and	1366
eight-year adjusted cohort graduation rates~~, as defined under~~	1367
~~divisions (G)(1) and (2) of section 3302.01 of the Revised Code,~~	1368
for that subgroup;	1369

(4) Annual measurable objectives for that subgroup;

1370

(5) Data regarding disciplinary actions taken by the district	1371
or school against students with disabilities compared with such	1372
actions taken against students without disabilities.	1373

(B) The department shall also calculate and report all of the	1374
following:	1375

(1) The state average for each of the measures specified in	1376
division (A) of this section;	1377

(2) The state average for the value-added progress dimension	1378
score for students with disabilities, disaggregated by grade level	1379
and subject area;	1380

(3) The state average for the performance index score for	1381
students with disabilities, disaggregated for each category of	1382
disability described in divisions (A) to (F) of section 3317.013	1383
of the Revised Code.	1384

(C) The department shall make each report completed pursuant	1385
to ~~division~~divisions (A) and (B) of this section available on its	1386
web site for comparison purposes.	1387

(D) As used in this section:

1388

(1) "Four-year adjusted cohort graduation rate" and	1389
"five-year adjusted cohort graduation rate" have the same meanings	1390
as in divisions (G)(1) and (2) of section 3302.01 of the Revised	1391
Code.	1392

(2) "Six-year adjusted cohort graduation rate" means the	1393
number of students who graduate in six years with a regular high	1394
school diploma divided by the number of students who form the	1395
adjusted cohort for the four-year graduation rate.	1396

(3) "Seven-year adjusted cohort graduation rate" means the	1397
number of students who graduate in seven years with a regular high	1398
school diploma divided by the number of students who form the	1399
adjusted cohort for the four-year graduation rate.	1400

(4) "Eight-year adjusted cohort graduation rate" means the	1401
number of students who graduate in eight years with a regular high	1402
school diploma divided by the number of students who form the	1403
adjusted cohort for the four-year graduation rate.	1404

Sec. 3311.78. Notwithstanding any provision of the Revised	1405
Code to the contrary, a municipal school district shall be subject	1406
to this section instead of sections ~~3317.13,~~ 3317.14, and 3317.141	1407
of the Revised Code.	1408

(A) As used in this section, "principal" includes an	1409
assistant principal.	1410

(B) The board of education of each municipal school district	1411
annually shall adopt a differentiated salary schedule for teachers	1412
based upon performance as described in division (D) of this	1413
section. The board also annually shall adopt a differentiated	1414
salary schedule for principals based upon performance as described	1415
in division (D) of this section.	1416

For each teacher or principal hired on or after October 1,	1417
2012, the board shall determine the teacher's or principal's	1418
initial placement on the applicable salary schedule based on years	1419
of experience and area of licensure and any other factors the	1420
board considers appropriate. For each teacher hired prior to	1421
October 1, 2012, the board shall initially place the teacher on	1422
the applicable salary schedule so that the teacher's annual salary	1423
on the schedule is comparable to the teacher's annual salary for	1424
the school year immediately prior to the school year covered by	1425
the schedule. For each principal hired prior to October 1, 2012,	1426
the board shall initially place the principal on the applicable	1427
salary schedule consistent with the principal's employment	1428
contract.	1429

(C) The salary of a teacher shall not be reduced unless such	1430
reduction is accomplished as part of a negotiated collective	1431
bargaining agreement. The salary of a principal shall not be	1432
reduced during the term of the principal's employment contract	1433
unless such reduction is by mutual agreement of the board and the	1434
principal or is part of a uniform plan affecting the entire	1435
district.	1436

(D) For purposes of the schedules, the board shall measure a	1437
teacher's or principal's performance by considering all of the	1438
following:	1439

(1) The level of license issued under section 3319.22 of the	1440
Revised Code that the teacher or principal holds;	1441

(2) Whether the teacher or principal is a highly qualified	1442
teacher, as defined in section 3319.074 of the Revised Code;	1443

(3) Ratings received by the teacher or principal on	1444
performance evaluations conducted under section 3311.80 or 3311.84	1445
of the Revised Code;	1446

(4) Any specialized training and experience in the assigned	1447
position.	1448

(E) The salary schedules adopted under this section may	1449
provide for additional compensation for teachers or principals who	1450
perform duties, not contracted for under a supplemental contract,	1451
that the board determines warrant additional compensation. Those	1452
duties may include, but are not limited to, assignment to a school	1453
building eligible for funding under Title I of the "Elementary and	1454
Secondary Education Act of 1965," 20 U.S.C. 6301 et seq.;	1455
assignment to a building in "school improvement" status under the	1456
"No Child Left Behind Act of 2001," as defined in section 3302.01	1457
of the Revised Code; teaching in a grade level or subject area in	1458
which the board has determined there is a shortage within the	1459
district; assignment to a hard-to-staff school, as determined by	1460
the board; or teaching in a school with an extended school day or	1461
school year.	1462

(F) The chief executive officer of the district, or the chief	1463
executive officer's designee, annually shall review the salary of	1464
each teacher and principal and make a recommendation to the board.	1465
Based on the recommendation, the board may increase a teacher's or	1466
principal's salary based on the teacher's or principal's	1467
performance and duties as provided for in divisions (D) and (E) of	1468
this section. The performance-based increase for a teacher or	1469
principal rated as accomplished shall be greater than the	1470
performance-based increase for a teacher or principal rated as	1471
skilled. Notwithstanding division (C) of this section, division	1472
(C) of section 3319.02, and section 3319.12 of the Revised Code,	1473
the board may decrease the teacher's or principal's salary if the	1474
teacher or principal will perform fewer or different duties	1475
described in division (E) of this section in the school year for	1476
which the salary is decreased.	1477

(G) Notwithstanding any provision to the contrary in Chapter	1478
4117. of the Revised Code, the requirements of this section	1479
prevail over any conflicting provisions of a collective bargaining	1480
agreement entered into on or after October 1, 2012. However, the	1481
board and the teachers' labor organization shall negotiate the	1482
implementation of the differentiated salary schedule for teachers	1483
and may negotiate additional factors regarding teacher salaries,	1484
provided those factors are consistent with this section.	1485

Sec. 3313.42. (A) When in the judgment of a board of	1486
education of any school district in this state, lying adjacent to	1487
a school district of another state, the best interests of the	1488
public schools can be promoted by purchasing school grounds,	1489
repairing or erecting a schoolhouse, and maintaining them jointly	1490
between the two adjacent school districts, the board of education	1491
of the school district of this state so situated may enter into an	1492
agreement with the school authorities of said adjacent school	1493
district for the purpose of purchasing school grounds, repairing	1494
or constructing a school building, purchasing school furniture,	1495
equipment, appliances, fuel, employing teachers, and maintaining a	1496
school. The board of education of this state may levy taxes and	1497
perform such other duties in maintaining such joint school as are	1498
otherwise provided by law for maintaining the public schools in	1499
this state.	1500

In carrying out this section the school district shall pay	1501
such proportion of the cost of purchasing school grounds,	1502
repairing or erecting a building, and in maintaining the joint	1503
school as is equitable and just in the judgment of the board of	1504
education and trustees of the two adjacent school districts.	1505

(B) ~~In any school district that has entered into an agreement~~	1506
~~under division (A) of this section, the state minimum teacher~~	1507
~~salary requirements prescribed by section 3317.13 of the Revised~~	1508
~~Code do not apply if the total expenditures by the school district~~	1509
~~for teacher salaries in any school year equals or exceeds the~~	1510
~~total minimum expenditures that would have been required in that~~	1511
~~year if such minimum teacher salary requirements did apply.~~	1512

~~(C)~~ Notwithstanding sections 3319.01, 3319.02, and 3313.22 of	1513
the Revised Code, the board of education of a local school	1514
district that has entered into an agreement with an adjacent	1515
school district in another state under division (A) of this	1516
section may contract with the educational service center within	1517
which the local school district is located for the service center	1518
to provide any administrative services specified in the agreement	1519
to the local school district and the adjacent district. If such an	1520
agreement provides for the duties of a district treasurer,	1521
superintendent, or principals to be performed by the service	1522
center, the local school district is not required to employ	1523
persons to perform such duties.	1524

Sec. 3313.534. No(A) Not later than July 1, 1998, the board	1525
of education of each city, exempted village, and local school	1526
district shall adopt a policy of zero tolerance for violent,	1527
disruptive, or inappropriate behavior, including excessive	1528
truancy, and establish strategies to address such behavior that	1529
range from prevention to intervention.	1530

No(B) Not later than July 1, 1999, each of the big eight	1531
school districts, as defined in section 3314.02 of the Revised	1532
Code, shall establish under section 3313.533 of the Revised Code	1533
at least one alternative school to meet the educational needs of	1534
students with severe discipline problems, including, but not	1535
limited to, excessive truancy, excessive disruption in the	1536
classroom, and multiple suspensions or expulsions. Any other	1537
school district that attains after that date a significantly	1538
substandard graduation rate, as defined by the department of	1539
education, shall also establish such an alternative school under	1540
that section.	1541

(C)(1) Not later than June 30, 2015, the state board of	1542
education shall develop a model disciplinary policy for violent,	1543
disruptive, or inappropriate behavior, including excessive	1544
truancy, that stresses preventive strategies and alternatives to	1545
suspension and expulsion.	1546

(2) Not later than December 31, 2015, the department of	1547
education shall do both of the following:	1548

(a) Provide to each school district a copy of the policy	1549
adopted by the state board pursuant to division (C)(1) of this	1550
section;	1551

(b) Develop materials to assist school districts in providing	1552
teacher and staff training on the implementation of the strategies	1553
included in that policy.	1554

Sec. 3313.612. (A) No nonpublic school chartered by the	1555
state board of education shall grant a high school diploma to any	1556
person unless, subject to section 3313.614 of the Revised Code,	1557
the person has met the assessment requirements of division (A)(1)	1558
or (2) of this section, as applicable.	1559

(1) If the person entered the ninth grade prior to July 1,	1560
2014, the person has attained at least the applicable scores	1561
designated under division (B)(1) of section 3301.0710 of the	1562
Revised Code on all the assessments required by that division, or	1563
has satisfied the alternative conditions prescribed in section	1564
3313.615 of the Revised Code.	1565

(2) If the person entered the ninth grade on or after July 1,	1566
2014, the person has met the requirement prescribed by section	1567
3313.618 of the Revised Code.	1568

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

1569

(1) Any person with regard to any assessment from which the	1570
person was excused pursuant to division (C)(1)(c) of section	1571
3301.0711 of the Revised Code;	1572

(2) Any person that attends a nonpublic school acting in	1573
accordance with division (D) of this section with regard to any	1574
end-of-course examination ~~required under~~prescribed by divisions	1575
(B)(2) and (3) of section 3301.0712 of the Revised Code;	1576

(3) Any person with regard to the social studies assessment	1577
under division (B)(1) of section 3301.0710 of the Revised Code,	1578
any American history end-of-course examination and any American	1579
government end-of-course examination required under division (B)	1580
of section 3301.0712 of the Revised Code if such an exemption is	1581
prescribed by rule of the state board of education under division	1582
(D)(3) of section 3301.0712 of the Revised Code, or the	1583
citizenship test under former division (B) of section 3301.0710 of	1584
the Revised Code as it existed prior to September 11, 2001, if all	1585
of the following apply:	1586

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

1587

(b) The person is not a permanent resident of the United	1588
States;	1589

(c) The person indicates no intention to reside in the United	1590
States after completion of high school.	1591

(C) As used in this division, "limited English proficient	1592
student" has the same meaning as in division (C)(3) of section	1593
3301.0711 of the Revised Code.	1594

Notwithstanding division (C)(3) of section 3301.0711 of the	1595
Revised Code, no limited English proficient student who has not	1596
either attained the applicable scores designated under division	1597
(B)(1) of section 3301.0710 of the Revised Code on all the	1598
assessments required by that division, or met the requirement	1599
prescribed by section 3313.618 of the Revised Code, shall be	1600
awarded a diploma under this section.	1601

(D) A nonpublic school chartered by the state board may forgo	1602
the end-of-course examinations ~~required~~prescribed by divisions	1603
(B)(2) and (3) of section 3301.0712 of the Revised Code, if that	1604
school publishes the results of the standardized assessment	1605
prescribed under division (B)(1) of section 3301.0712 of the	1606
Revised Code for each graduating class. The published results	1607
shall include the overall composite scores, mean scores,	1608
twenty-fifth percentile scores, and seventy-fifth percentile	1609
scores for each subject area of the assessment.	1610

(E) The state board shall not impose additional requirements	1611
or assessments for the granting of a high school diploma under	1612
this section that are not prescribed by this section.	1613

(F) The department of education shall furnish the assessment	1614
administered by a nonpublic school pursuant to division (B)(1) of	1615
section 3301.0712 of the Revised Code.	1616

~~(G) The exemption provided for in divisions (B)(2) and (D) of~~	1617
~~this section shall be effective on and after October 1, 2015, but~~	1618
~~only if the general assembly does not enact different requirements~~	1619
~~regarding end-of-course examinations for chartered nonpublic~~	1620
~~schools that are effective by that date.~~	1621

Sec. 3313.672. (A)(1) At the time of initial entry to a	1622
public or nonpublic school, a pupil shall present to the person in	1623
charge of admission any records given the pupil by the public or	1624
nonpublic elementary or secondary school the pupil most recently	1625
attended; a certified copy of an order or decree, or modification	1626
of such an order or decree allocating parental rights and	1627
responsibilities for the care of a child and designating a	1628
residential parent and legal custodian of the child, as provided	1629
in division (B) of this section, if that type of order or decree	1630
has been issued; a copy of a power of attorney or caretaker	1631
authorization affidavit, if either has been executed with respect	1632
to the child pursuant to sections 3109.51 to 3109.80 of the	1633
Revised Code; and a certification of birth issued pursuant to	1634
Chapter 3705. of the Revised Code, a comparable certificate or	1635
certification issued pursuant to the statutes of another state,	1636
territory, possession, or nation, or a document in lieu of a	1637
certificate or certification as described in divisions (A)(1)(a)	1638
to (e) of this section. Any of the following shall be accepted in	1639
lieu of a certificate or certification of birth by the person in	1640
charge of admission:	1641

(a) A passport or attested transcript of a passport filed	1642
with a registrar of passports at a point of entry of the United	1643
States showing the date and place of birth of the child;	1644

(b) An attested transcript of the certificate of birth;

1645

(c) An attested transcript of the certificate of baptism or	1646
other religious record showing the date and place of birth of the	1647
child;	1648

(d) An attested transcript of a hospital record showing the	1649
date and place of birth of the child;	1650

(e) A birth affidavit.

1651

(2) If a pupil requesting admission to a school of the school	1652
district in which the pupil is entitled to attend school under	1653
section 3313.64 or 3313.65 of the Revised Code has been discharged	1654
or released from the custody of the department of youth services	1655
under section 5139.51 of the Revised Code just prior to requesting	1656
admission to the school, no school official shall admit that pupil	1657
until the records described in divisions (D)(4)(a) to (d) of	1658
section 2152.18 of the Revised Code have been received by the	1659
superintendent of the school district.	1660

(3) No public or nonpublic school official shall deny a	1661
protected child admission to the school solely because the child	1662
does not present a birth certificate described in division (A)(1)	1663
of this section, a comparable certificate or certification from	1664
another state, territory, possession, or nation, or another	1665
document specified in divisions (A)(1)(a) to (e) of this section	1666
upon registration for entry into the school. However, the	1667
protected child, or the parent, custodian, or guardian of that	1668
child, shall present a birth certificate or other document	1669
specified in divisions (A)(1)(a) to (e) of this section to the	1670
person in charge of admission of the school within ninety days	1671
after the child's initial entry into the school.	1672

(4) Except as otherwise provided in division (A)(2) or (3) of	1673
this section, within twenty-four hours of the entry into the	1674
school of a pupil described in division (A)(1) of this section, a	1675
school official shall request the pupil's official records from	1676
the public or nonpublic elementary or secondary school the pupil	1677
most recently attended. If the public or nonpublic school the	1678
pupil claims to have most recently attended indicates that it has	1679
no record of the pupil's attendance or the records are not	1680
received within fourteen days of the date of request, or if the	1681
pupil does not present a certification of birth described in	1682
division (A)(1) of this section, a comparable certificate or	1683
certification from another state, territory, possession, or	1684
nation, or another document specified in divisions (A)(1)(a) to	1685
(e) of this section, the principal or chief administrative officer	1686
of the school shall notify the law enforcement agency having	1687
jurisdiction in the area where the pupil resides of this fact and	1688
of the possibility that the pupil may be a missing child, as	1689
defined in section 2901.30 of the Revised Code.	1690

(B)(1) Whenever an order or decree allocating parental rights	1691
and responsibilities for the care of a child and designating a	1692
residential parent and legal custodian of the child, including a	1693
temporary order, is issued resulting from an action of divorce,	1694
alimony, annulment, or dissolution of marriage, and the order or	1695
decree pertains to a child who is a pupil in a public or nonpublic	1696
school, the residential parent of the child shall notify the	1697
school of those allocations and designations by providing the	1698
person in charge of admission at the pupil's school with a	1699
certified copy of the order or decree that made the allocation and	1700
designation. Whenever there is a modification of any order or	1701
decree allocating parental rights and responsibilities for the	1702
care of a child and designating a residential parent and legal	1703
custodian of the child that has been submitted to a school, the	1704
residential parent shall provide the person in charge of admission	1705
at the pupil's school with a certified copy of the order or decree	1706
that makes the modification.	1707

(2) Whenever a power of attorney is executed under sections	1708
3109.51 to 3109.62 of the Revised Code that pertains to a child	1709
who is a pupil in a public or nonpublic school, the attorney in	1710
fact shall notify the school of the power of attorney by providing	1711
the person in charge of admission with a copy of the power of	1712
attorney. Whenever a caretaker authorization affidavit is executed	1713
under sections 3109.64 to 3109.73 of the Revised Code that	1714
pertains to a child who is in a public or nonpublic school, the	1715
grandparent who executed the affidavit shall notify the school of	1716
the affidavit by providing the person in charge of admission with	1717
a copy of the affidavit.	1718

(C) If, at the time of a pupil's initial entry to a public or	1719
nonpublic school, the pupil is under the care of a shelter for	1720
victims of domestic violence, as defined in section 3113.33 of the	1721
Revised Code, the pupil or the pupil's parent shall notify the	1722
school of that fact. Upon being so informed, the school shall	1723
inform the elementary or secondary school from which it requests	1724
the pupil's records of that fact.	1725

(D) Whenever a public or nonpublic school is notified by a	1726
law enforcement agency pursuant to division (D) of section 2901.30	1727
of the Revised Code that a missing child report has been filed	1728
regarding a pupil who is currently or was previously enrolled in	1729
the school, the person in charge of admission at the school shall	1730
mark that pupil's records in such a manner that whenever a copy of	1731
or information regarding the records is requested, any school	1732
official responding to the request is alerted to the fact that the	1733
records are those of a missing child. Upon any request for a copy	1734
of or information regarding a pupil's records that have been so	1735
marked, the person in charge of admission immediately shall report	1736
the request to the law enforcement agency that notified the school	1737
that the pupil is a missing child. When forwarding a copy of or	1738
information from the pupil's records in response to a request, the	1739
person in charge of admission shall do so in such a way that the	1740
receiving district or school would be unable to discern that the	1741
pupil's records are marked pursuant to this division but shall	1742
retain the mark in the pupil's records until notified that the	1743
pupil is no longer a missing child. Upon notification by a law	1744
enforcement agency that a pupil is no longer a missing child, the	1745
person in charge of admission shall remove the mark from the	1746
pupil's records in such a way that if the records were forwarded	1747
to another district or school, the receiving district or school	1748
would be unable to discern that the records were ever marked.	1749

(E) As used in this section:

1750

(1) "Protected child" means a child placed in a foster home,	1751
as that term is defined in section 5103.02 of the Revised Code, or	1752
in a residential facility.	1753

(2) "Residential facility" means a group home for children,	1754
children's crisis care facility, children's residential center,	1755
residential parenting facility that provides twenty-four-hour	1756
child care, county children's home, or district children's home.	1757

Sec. 3313.814. (A) As used in this section and sections	1758
3313.816 and 3313.817 of the Revised Code:	1759

(1) "A la carte item" means an individually priced food or	1760
beverage item that is available for sale to students through any	1761
of the following:	1762

(a) A school food service program;

1763

(b) A vending machine located on school property;

1764

(c) A store operated by the school, a student association, or	1765
other school-sponsored organization.	1766

"A la carte item" does not include any food or beverage item	1767
available for sale in connection with a school-sponsored	1768
fundraiser held outside of the regular school day, any other	1769
school-sponsored event held outside of the regular school day, or	1770
an interscholastic athletic event. "A la carte item" also does not	1771
include any food or beverage item that is part of a reimbursable	1772
meal and that is available for sale as an individually priced item	1773
in a serving portion of the same size as in the reimbursable meal,	1774
regardless of whether the food or beverage item is included in the	1775
reimbursable meal served on a particular school day.	1776

(2) "Added sweeteners" means any additives that enhance the	1777
sweetness of a beverage, including processed sugar. "Added	1778
sweeteners" do not include any natural sugars found in fruit	1779
juices that are a component of the beverage.	1780

(3) "Extended school day" means the period before and after	1781
the regular school day during which students participate in	1782
school-sponsored extracurricular activities, latchkey programs as	1783
defined in section 3313.207 of the Revised Code, or other academic	1784
or enrichment programs.	1785

(4) "Regular school day" means the period each school day	1786
between the designated arrival time for students and the end of	1787
the final instructional period.	1788

(5) "Reimbursable meal" means a meal that is provided to	1789
students through a school breakfast or lunch program established	1790
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	1791
U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80	1792
Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria	1793
for reimbursement established by the United States department of	1794
agriculture.	1795

(6) "School food service program" means a school food service	1796
program operated under section 3313.81 or 3313.813 of the Revised	1797
Code.	1798

(B) Each school district board of education and each	1799
chartered nonpublic school governing authority shall adopt and	1800
enforce nutrition standards governing the types of food and	1801
beverages that may be sold on the premises of its schools, and	1802
specifying the time and place each type of food or beverage may be	1803
sold.	1804

(1) In adopting the standards, the board or governing	1805
authority shall do all of the following:	1806

(a) Consider the nutritional value of each food or beverage;

1807

(b) Consult with a dietitian licensed under Chapter 4759. of	1808
the Revised Code, a dietetic technician registered by the	1809
commission on dietetic registration, or a school nutrition	1810
specialist certified or credentialed by the school nutrition	1811
association. The person with whom the board or governing authority	1812
consults may be an employee of the board or governing authority, a	1813
person contracted by the board or governing authority, or a	1814
volunteer, provided the person meets the requirements of this	1815
division.	1816

(c) Consult the dietary guidelines for Americans jointly	1817
developed by the United States department of agriculture and the	1818
United States department of health and human services and, to the	1819
maximum extent possible, incorporate the guidelines into the	1820
standards.	1821

(2) No food or beverage may be sold on any school premises	1822
except in accordance with the standards adopted by the board or	1823
governing authority.	1824

(3) The standards shall comply with sections 3313.816 and	1825
3313.817 of the Revised Code, but nothing in this section shall	1826
prohibit the standards from being more restrictive than otherwise	1827
required by those sections.	1828

(C) The nutrition standards adopted under this section shall	1829
prohibit the placement of vending machines in any classroom where	1830
students are provided instruction, unless the classroom also is	1831
used to serve students meals. This division does not apply to	1832
vending machines that sell only milk, reimbursable meals, or food	1833
and beverage items that are part of a reimbursable meal and are	1834
available for sale as individually priced items in serving	1835
portions of the same size as in the reimbursable meal.	1836

(D) Each board or governing authority shall designate staff	1837
to be responsible for ensuring that the school district or school	1838
meets the nutrition standards adopted under this section. The	1839
staff shall prepare an annual report regarding the district's or	1840
school's compliance with the standards and submit it to the	1841
department of education. The board or governing authority annually	1842
shall schedule a presentation on the report at one of its regular	1843
meetings. Each district or school shall make copies of the report	1844
available to the public upon request.	1845

(E) The state board of education shall ~~formulate~~do both of	1846
the following:	1847

(1) Formulate and adopt guidelines, which boards of education	1848
and chartered nonpublic schools may follow in enforcing and	1849
implementing this section.	1850

(2) Not later than ninety days after the effective date of	1851
this amendment, adopt rules pursuant to Chapter 119. of the	1852
Revised Code regarding the sale of beverages and food during the	1853
regular school day in connection with a school-sponsored	1854
fundraiser. The rules shall specify that, if a fundraiser takes	1855
place during the regular school day for not more than the	1856
equivalent of thirty school days during a school year, the sale of	1857
beverages and food in connection with that fundraiser, shall be	1858
exempt from sections 3313.816 and 3313.817 of the Revised Code, so	1859
long as no beverages or food are sold in connection with the	1860
fundraiser during the time of a meal service in the food service	1861
area. Each school district board of education or chartered	1862
nonpublic school governing authority may incorporate the rules	1863
adopted by the state board pursuant to this division into the	1864
guidelines adopted by the district board or school governing	1865
authority under division (B) of this section.	1866

Sec. 3314.06. The governing authority of each community	1867
school established under this chapter shall adopt admission	1868
procedures that specify the following:	1869

(A) That, except as otherwise provided in this section,	1870
admission to the school shall be open to any individual age five	1871
to twenty-two entitled to attend school pursuant to section	1872
3313.64 or 3313.65 of the Revised Code in a school district in the	1873
state.	1874

Additionally, except as otherwise provided in this section,	1875
admission to the school may be open on a tuition basis to any	1876
individual age five to twenty-two who is not a resident of this	1877
state. The school shall not receive state funds under section	1878
3314.08 of the Revised Code for any student who is not a resident	1879
of this state.	1880

An individual younger than five years of age may be admitted	1881
to the school in accordance with division (A)(2) of section	1882
3321.01 of the Revised Code. The school shall receive funds for an	1883
individual admitted under that division in the manner provided	1884
under section 3314.08 of the Revised Code.	1885

If the school operates a program that uses the Montessori	1886
method endorsed by the American Montessori society, the Montessori	1887
accreditation council for teacher education, or the association	1888
Montessori internationale as its primary method of instruction,	1889
admission to the school may be open to individuals younger than	1890
five years of age, but the school shall not receive funds under	1891
this chapter for those individuals. Notwithstanding anything to	1892
the contrary in this chapter, individuals younger than five years	1893
of age who are enrolled in a Montessori program shall be offered	1894
at least four hundred fifty-five hours of learning opportunities	1895
per school year.	1896

(B)(1) That admission to the school may be limited to	1897
students who have attained a specific grade level or are within a	1898
specific age group; to students that meet a definition of	1899
"at-risk," as defined in the contract; to residents of a specific	1900
geographic area within the district, as defined in the contract;	1901
or to separate groups of autistic students and nondisabled	1902
students, as authorized in section 3314.061 of the Revised Code	1903
and as defined in the contract.	1904

(2) For purposes of division (B)(1) of this section,	1905
"at-risk" students may include those students identified as gifted	1906
students under section 3324.03 of the Revised Code.	1907

(C) Whether enrollment is limited to students who reside in	1908
the district in which the school is located or is open to	1909
residents of other districts, as provided in the policy adopted	1910
pursuant to the contract.	1911

(D)(1) That there will be no discrimination in the admission	1912
of students to the school on the basis of race, creed, color,	1913
disability, or sex except that:	1914

(a) The governing authority may do either of the following	1915
for the purpose described in division (G) of this section:	1916

(i) Establish a single-gender school for either sex;

1917

(ii) Establish single-gender schools for each sex under the	1918
same contract, provided substantially equal facilities and	1919
learning opportunities are offered for both boys and girls. Such	1920
facilities and opportunities may be offered for each sex at	1921
separate locations.	1922

(b) The governing authority may establish a school that	1923
simultaneously serves a group of students identified as autistic	1924
and a group of students who are not disabled, as authorized in	1925
section 3314.061 of the Revised Code. However, unless the total	1926
capacity established for the school has been filled, no student	1927
with any disability shall be denied admission on the basis of that	1928
disability.	1929

(2) That upon admission of any student with a disability, the	1930
community school will comply with all federal and state laws	1931
regarding the education of students with disabilities.	1932

(E) That the school may not limit admission to students on	1933
the basis of intellectual ability, measures of achievement or	1934
aptitude, or athletic ability, except that a school may limit its	1935
enrollment to students as described in division (B) of this	1936
section.	1937

(F) That the community school will admit the number of	1938
students that does not exceed the capacity of the school's	1939
programs, classes, grade levels, or facilities.	1940

(G) That the purpose of single-gender schools that are	1941
established shall be to take advantage of the academic benefits	1942
some students realize from single-gender instruction and	1943
facilities and to offer students and parents residing in the	1944
district the option of a single-gender education.	1945

(H) That, except as otherwise provided under division (B) of	1946
this section or section 3314.061 of the Revised Code, if the	1947
number of applicants exceeds the capacity restrictions of division	1948
(F) of this section, students shall be admitted by lot from all	1949
those submitting applications, except preference shall be given to	1950
students attending the school the previous year and to students	1951
who reside in the district in which the school is located.	1952
Preference may be given to siblings of students attending the	1953
school the previous year.	1954

Notwithstanding divisions (A) to (H) of this section, in the	1955
event the racial composition of the enrollment of the community	1956
school is violative of a federal desegregation order, the	1957
community school shall take any and all corrective measures to	1958
comply with the desegregation order.	1959

Sec. 3314.38. (A) An individual who is at least twenty-two	1960
years of age and who is an eligible individual as defined in	1961
section 3317.23 of the Revised Code may enroll for up to two	1962
cumulative school years in a dropout prevention and recovery	1963
program operated by a community school that is designed to allow	1964
enrollees to earn a high school diploma. An individual enrolled	1965
under this division may elect to satisfy the requirements to earn	1966
a high school diploma by successfully completing a	1967
competency-based instructional program that complies with the	1968
standards adopted by the state board of education under section	1969
3317.231 of the Revised Code. The community school shall report	1970
that individual's enrollment on a full-time equivalency basis to	1971
the department of education. This report shall be in addition to	1972
the report required under division (B) of section 3314.08 of the	1973
Revised Code. An individual enrolled under this division shall not	1974
be assigned to classes or settings with students who are younger	1975
than eighteen years of age.	1976

(B)(1) For each community school that enrolls individuals	1977
under division (A) of this section, the department of education	1978
annually shall certify the enrollment and attendance, on a	1979
full-time equivalency basis, of each individual reported by the	1980
school under that division.	1981

(2) For each individual enrolled in a community school under	1982
division (A) of this section, the department annually shall pay to	1983
the community school an amount equal to the following:	1984

$5,000 X the individual's enrollment on a full-time equivalency	1985
basis as certified under division (B)(1) of this section X the	1986
portion of the school year in which the individual is enrolled in	1987
the school expressed as a percentage	1988

(C) A community school that enrolls individuals under	1989
division (A) of this section shall be subject to the program	1990
administration standards adopted by the state board under section	1991
3317.231 of the Revised Code, as applicable.	1992

(D) For each individual enrolled in a community school under	1993
division (A) of this section, the school shall annually report to	1994
the department all of the following information in accordance with	1995
the standards adopted by the state board under section 3317.231 of	1996
the Revised Code:	1997

(1) Demographic information, including age at enrollment,	1998
gender, and race or ethnicity;	1999

(2) The number of courses needed to graduate at the time of	2000
enrollment;	2001

(3) The number of courses in which the individual	2002
participated during the previous school year and the subject of	2003
each of those courses;	2004

(4) The number of courses the individual completed during the	2005
previous school year and the subject of each of those courses;	2006

(5) The subject area graduation tests prescribed by statutory	2007
law that the individual, at the time of enrollment, was required	2008
to pass in order to be eligible to graduate;	2009

(6) The number of subject area graduation tests prescribed by	2010
statutory law that the individual passed during the previous	2011
school year and the subject area of each of those tests;	2012

(7) The date that the school awarded a diploma to the	2013
individual, if applicable.	2014

Sec. 3317.034. For purposes of section 3317.03 of the	2015
Revised Code:	2016

(A) A student shall be considered to be enrolled in the	2017
district for any portion of the school year the student is	2018
participating at a college under Chapter 3365. of the Revised	2019
Code.	2020

(B) A student shall be considered to be enrolled in the	2021
district for the period of time beginning on the date on which the	2022
school has both received the documentation of the student's	2023
enrollment from a parent and the student has commenced	2024
participation in learning opportunities offered by the district.	2025
For purposes of applying divisions (B) and (C) of this section,	2026
"learning opportunities" means both classroom-based and	2027
nonclassroom-based learning opportunities overseen by licensed	2028
educational employees of the district that is in compliance with	2029
criteria and documentation requirements for student participation,	2030
which shall be established by the department. Any student's	2031
instruction time in nonclassroom-based learning opportunities	2032
shall be certified by an employee of the district.	2033

(C) A student's enrollment shall be considered to cease on	2034
the date on which any of the following occur:	2035

(1) The district receives documentation from a parent	2036
terminating enrollment of the student.	2037

(2) The district is provided documentation of a student's	2038
enrollment in another public or nonpublic school.	2039

(3) ~~The student fails to participate in learning~~	2040
~~opportunities and has not received an excused absence for one~~	2041
~~hundred and five continuous hours. If a student is withdrawn from~~	2042
~~the district for failure to participate in learning opportunities~~	2043
~~under division (C)(1)(a)(v) of this section and the district board~~	2044
~~determines that the student is truant, the district shall take the~~	2045
~~appropriate action required under sections 3321.19 and 3321.191 of~~	2046
~~the Revised Code.~~	2047

~~(4)~~ The student ceases to participate in learning	2048
opportunities provided by the school.	2049

(D) No public school may enroll or withdraw a student from	2050
the education management information system established under	2051
section 3310.0714 of the Revised Code later than thirty days after	2052
the student's actual enrollment or withdrawal from the school.	2053

(E) A student in any of grades nine through twelve shall be	2054
considered a full-time equivalent student if the student is	2055
enrolled in at least five units of instruction, as defined in	2056
section 3313.603 of the Revised Code, per school year.	2057

Sec. 3317.12. Any board of education participating in funds	2058
distributed under Chapter 3317. of the Revised Code shall annually	2059
adopt a salary ~~schedule~~schedules for teachers and nonteaching	2060
school employees ~~based upon training, experience, and~~	2061
~~qualifications with initial salaries no less than the salaries in~~	2062
~~effect on October 13, 1967. Each board of education shall prepare~~	2063
~~and may amend from time to time, specifications descriptive of~~	2064
~~duties, responsibilities, requirements, and desirable~~	2065
~~qualifications of the classifications of employees required to~~	2066
~~perform the duties specified in the salary schedule. All~~	2067
~~nonteaching school employees are to be notified of the position~~	2068
~~classification to which they are assigned and the salary for the~~	2069
~~classification. The compensation of all employees working for a~~	2070
~~particular school board shall be uniform for like positions except~~	2071
~~as compensation would be affected by salary increments based upon~~	2072
~~length of service.~~	2073

~~On the fifteenth day of October each year the salary schedule~~	2074
~~and the list of job classifications and salaries in effect on that~~	2075
~~date shall be filed by each board of education with the~~	2076
~~superintendent of public instruction. If such salary schedule and~~	2077
~~classification plan is not filed the superintendent of public~~	2078
~~instruction shall order the board to file such schedules~~	2079
~~forthwith. If this condition is not corrected within ten days~~	2080
~~after receipt of the order from the superintendent of public~~	2081
~~instruction, no money shall be distributed to the district under~~	2082
~~Chapter 3317. of the Revised Code until the superintendent has~~	2083
~~satisfactory evidence of the board of education's full compliance~~	2084
~~with such order~~.	2085

Sec. 3317.14. Any school district board of education or	2086
educational service center governing board participating in funds	2087
distributed under Chapter 3317. of the Revised Code shall annually	2088
adopt a teachers' salary schedule with provision for increments	2089
based upon training and years of service. ~~Notwithstanding sections~~	2090
~~3317.13 and 3319.088 of the Revised Code, the~~The board may	2091
establish its own service requirements and may grant service	2092
credit for such activities as teaching in public or nonpublic	2093
schools in this state or in another state, for service as an	2094
educational assistant other than as a classroom aide employed in	2095
accordance with section 5107.541 of the Revised Code, and for	2096
service in the military or in an appropriate state or federal	2097
governmental agency, ~~provided no teacher receives less than the~~	2098
~~amount required to be paid pursuant to section 3317.13 of the~~	2099
~~Revised Code and~~ provided full credit for a minimum of five years	2100
of actual teaching and military experience ~~as defined in division~~	2101
~~(A) of section 3317.13 of the Revised Code~~ is given to each	2102
teacher.	2103

~~Each teacher who has completed training which would qualify~~	2104
~~such teacher for a higher salary bracket pursuant to this section~~	2105
~~shall file by the fifteenth day of September with the treasurer of~~	2106
~~the board of education or educational service center satisfactory~~	2107
~~evidence of the completion of such additional training. The~~	2108
~~treasurer shall then immediately place the teacher, pursuant to~~	2109
~~this section and section 3317.13 of the Revised Code, in the~~	2110
~~proper salary bracket in accordance with training and years of~~	2111
~~service before certifying such salary, training, and years of~~	2112
~~service to the superintendent of public instruction. No teacher~~	2113
~~shall be paid less than the salary to which such teacher is~~	2114
~~entitled pursuant to section 3317.13 of the Revised Code.~~	2115

As used in this section:

2116

(A) "Years of service" includes the following:

2117

(1) All years of teaching service in the same school district	2118
or educational service center, regardless of training level, with	2119
each year consisting of at least one hundred twenty days under a	2120
teacher's contract;	2121

(2) All years of teaching service in a chartered, nonpublic	2122
school located in Ohio as a teacher licensed pursuant to section	2123
3319.22 of the Revised Code or in another public school,	2124
regardless of training level, with each year consisting of at	2125
least one hundred twenty days under a teacher's contract;	2126

(3) All years of teaching service in a chartered school or	2127
institution or a school or institution that subsequently became	2128
chartered or a chartered special education program or a special	2129
education program that subsequently became chartered operated by	2130
the state or by a subdivision or other local governmental unit of	2131
this state as a teacher licensed pursuant to section 3319.22 of	2132
the Revised Code, regardless of training level, with each year	2133
consisting of at least one hundred twenty days;	2134

(4) All years of active military service in the armed forces	2135
of the United States, as defined in section 3307.75 of the Revised	2136
Code, to a maximum of five years. For purposes of this	2137
calculation, a partial year of active military service of eight	2138
continuous months or more in the armed forces shall be counted as	2139
a full year.	2140

(B) "Teacher" means all teachers employed by the board of	2141
education of any school district, including any cooperative	2142
education or joint vocational school district and all teachers	2143
employed by any educational service center governing board.	2144

Sec. 3317.141. The board of education of any city, exempted	2145
village, local, or joint vocational school district that is the	2146
recipient of moneys from a grant awarded under the federal race to	2147
the top program, Division (A), Title XIV, Sections 14005 and 14006	2148
of the "American Recovery and Reinvestment Act of 2009," Pub. L.	2149
No. 111-5, 123 Stat. 115, shall comply with this section in	2150
accordance with the timeline contained in the board's scope of	2151
work, as approved by the superintendent of public instruction, and	2152
shall not be subject to ~~sections 3317.13 and~~section 3317.14 of	2153
the Revised Code. The board of education of any other school	2154
district, and the governing board of each educational service	2155
center, shall comply with either this section or ~~sections 3317.13~~	2156
~~and~~section 3317.14 of the Revised Code.	2157

(A) The board annually shall adopt a salary schedule for	2158
teachers based upon performance as described in division (B) of	2159
this section.	2160

(B) For purposes of the schedule, a board shall measure a	2161
teacher's performance by considering all of the following:	2162

(1) The level of license issued under section 3319.22 of the	2163
Revised Code that the teacher holds;	2164

(2) Whether the teacher is a highly qualified teacher, as	2165
defined in section 3319.074 of the Revised Code;	2166

(3) Ratings received by the teacher on performance	2167
evaluations conducted under section 3319.111 of the Revised Code.	2168

(C) The schedule shall provide for annual adjustments based	2169
on performance on the evaluations conducted under section 3319.111	2170
of the Revised Code. The annual performance-based adjustment for a	2171
teacher rated as accomplished shall be greater than the annual	2172
performance-based adjustment for a teacher rated as skilled.	2173

(D) The salary schedule adopted under this section may	2174
provide for additional compensation for teachers who agree to	2175
perform duties, not contracted for under a supplemental contract,	2176
that the employing board determines warrant additional	2177
compensation. Those duties may include, but are not limited to,	2178
assignment to a school building eligible for funding under Title I	2179
of the "Elementary and Secondary Education Act of 1965," 20 U.S.C.	2180
6301 et seq.; assignment to a building in "school improvement"	2181
status under the "No Child Left Behind Act of 2001," as defined in	2182
section 3302.01 of the Revised Code; teaching in a grade level or	2183
subject area in which the board has determined there is a shortage	2184
within the district or service center; or assignment to a	2185
hard-to-staff school, as determined by the board.	2186

Sec. 3317.23. (A) For purposes of this section, an "eligible	2187
individual" is an individual who satisfies both of the following	2188
criteria:	2189

(1) The individual is at least twenty-two years of age.

2190

(2) The individual has not been awarded a high school diploma	2191
or a certificate of high school equivalence as defined in section	2192
4109.06 of the Revised Code.	2193

(B) An eligible individual may enroll in a city, local, or	2194
exempted village school district that operates a dropout	2195
prevention and recovery program for up to two cumulative school	2196
years for the purpose of earning a high school diploma. An	2197
individual enrolled under this division may elect to satisfy the	2198
requirements to earn a high school diploma by successfully	2199
completing a competency-based instructional program that complies	2200
with the standards adopted by the state board of education under	2201
section 3317.231 of the Revised Code. The district shall report	2202
that individual's enrollment on a full-time equivalency basis	2203
under division (A) of section 3317.036 of the Revised Code and	2204
shall not report that individual's enrollment under section	2205
3317.03 of the Revised Code. An individual enrolled under this	2206
division shall not be assigned to classes or settings with	2207
students who are younger than eighteen years of age.	2208

(C)(1) For each district that enrolls individuals under	2209
division (B) of this section, the department of education annually	2210
shall certify the enrollment and attendance, on a full-time	2211
equivalency basis, of each individual reported by the district	2212
under division (A) of section 3317.036 of the Revised Code.	2213

(2) For each individual enrolled in a district under division	2214
(B) of this section, the department annually shall pay to the	2215
district an amount equal to the following:	2216

$5,000 X the individual's enrollment on a full-time equivalency	2217
basis as certified under division (C)(1) of this section X the	2218
portion of the school year in which the individual is enrolled in	2219
the district expressed as a percentage	2220

(D) A district that enrolls individuals under division (B) of	2221
this section shall be subject to the program administration	2222
standards adopted by the state board under section 3317.231 of the	2223
Revised Code, as applicable.	2224

(E) For each individual enrolled in a district under division	2225
(B) of this section, the district shall annually report to the	2226
department all of the following information in accordance with the	2227
standards adopted by the state board under section 3317.231 of the	2228
Revised Code:	2229

(1) Demographic information, including age at enrollment,	2230
gender, and race or ethnicity;	2231

(2) The number of courses needed to graduate at the time of	2232
enrollment;	2233

(3) The number of courses in which the individual	2234
participated during the previous school year and the subject of	2235
each of those courses;	2236

(4) The number of courses the individual completed during the	2237
previous school year and the subject of each of those courses;	2238

(5) The subject area graduation tests prescribed by statutory	2239
law that the individual, at the time of enrollment, was required	2240
to pass in order to be eligible to graduate;	2241

(6) The number of subject area graduation tests prescribed by	2242
statutory law that the individual passed during the previous	2243
school year and the subject area of each of those tests;	2244

(7) The date that the district awarded a diploma to the	2245
individual, if applicable.	2246

Sec. 3317.24. (A) For purposes of this section, an "eligible	2247
individual" has the same meaning as in section 3317.23 of the	2248
Revised Code.	2249

(B) An eligible individual may enroll in a joint vocational	2250
school district that operates an adult education program for up to	2251
two cumulative school years for the purpose of completing the	2252
requirements to earn a high school diploma. An individual enrolled	2253
under this division may elect to satisfy these requirements by	2254
successfully completing a competency-based instructional program	2255
that complies with the standards adopted by the state board of	2256
education under section 3317.231 of the Revised Code. The district	2257
shall report an individual's enrollment under this division on a	2258
full-time equivalency basis under division (B) of section 3317.036	2259
of the Revised Code and shall not report that individual's	2260
enrollment under section 3317.03 of the Revised Code. An	2261
individual enrolled under this division shall not be assigned to	2262
classes or settings with students who are younger than eighteen	2263
years of age.	2264

(C)(1) For each joint vocational school district that enrolls	2265
individuals under division (B) of this section, the department of	2266
education annually shall certify the enrollment and attendance, on	2267
a full-time equivalency basis, of each individual reported by the	2268
district under division (B) of section 3317.036 of the Revised	2269
Code.	2270

(2) For each individual enrolled in a joint vocational school	2271
district under division (B) of this section, the department	2272
annually shall pay to the district an amount equal to the	2273
following:	2274

$5,000 X the individual's enrollment on a full-time equivalency	2275
basis as certified under division (C)(1) of this section X the	2276
portion of the school year in which the individual is enrolled in	2277
the district expressed as a percentage	2278

(D) If an individual enrolled in a joint vocational school	2279
district under division (B) of this section completes the	2280
requirements to earn a high school diploma, the joint vocational	2281
school district shall certify the completion of those requirements	2282
to the city, local, or exempted village school district in which	2283
the individual resides. Upon receiving certification under this	2284
division, the city, local, or exempted village school district in	2285
which the individual resides shall issue a high school diploma to	2286
the individual.	2287

(E) A joint vocational school district that enrolls	2288
individuals under division (B) of this section shall be subject to	2289
the program administration standards adopted by the state board	2290
under section 3317.231 of the Revised Code, as applicable.	2291

(F) For each individual enrolled in a joint vocational school	2292
district under division (B) of this section, the district shall	2293
annually report to the department all of the following information	2294
in accordance with the standards adopted by the state board under	2295
section 3317.231 of the Revised Code:	2296

(1) Demographic information, including age at enrollment,	2297
gender, and race or ethnicity;	2298

(2) The number of courses needed to graduate at the time of	2299
enrollment;	2300

(3) The number of courses in which the individual	2301
participated during the previous school year and the subject of	2302
each of those courses;	2303

(4) The number of courses the individual completed during the	2304
previous school year and the subject of each of those courses;	2305

(5) The subject area graduation tests prescribed by statutory	2306
law that the individual, at the time of enrollment, was required	2307
to pass in order to be eligible to graduate;	2308

(6) The number of subject area graduation tests prescribed by	2309
statutory law that the individual passed during the previous	2310
school year and the subject area of each of those tests;	2311

(7) The date that the district certified the individual's	2312
completion of the requirements to earn a high school diploma to	2313
the city, local, or exempted village school district in which the	2314
individual resides under division (D) of this section, if	2315
applicable.	2316

Sec. 3319.227. (A) Notwithstanding any other provision of	2317
the Revised Code or any rule adopted by the state board of	2318
education to the contrary, the state board shall issue a resident	2319
educator license under section 3319.22 of the Revised Code to each	2320
person who is assigned to teach in this state as a participant in	2321
the teach for America program and who meets the following	2322
conditions:	2323

(1) Holds a bachelor's degree from an accredited institution	2324
of higher education;	2325

(2) Maintained a cumulative undergraduate grade point average	2326
of at least 2.5 out of 4.0, or its equivalent;	2327

(3) Has passed an examination prescribed by the state board	2328
in the subject area to be taught;	2329

(4) Has successfully completed the summer training institute	2330
operated by teach for America.	2331

(B) The state board shall issue a resident educator license	2332
under this section for teaching in any grade level or subject area	2333
for which a person may obtain a resident educator license under	2334
section 3319.22 of the Revised Code. The state board shall not	2335
adopt rules establishing any additional qualifications for the	2336
license beyond those specified in this section.	2337

(C) Notwithstanding any other provision of the Revised Code	2338
or any rule adopted by the state board to the contrary, the state	2339
board shall issue a resident educator license under section	2340
3319.22 of the Revised Code to any applicant who has completed at	2341
least two years of teaching in another state as a participant in	2342
the teach for America program and meets all of the conditions of	2343
divisions (A)(1) to (4) of this section. The state board shall	2344
credit an applicant under this division as having completed two	2345
years of the teacher residency program under section 3319.223 of	2346
the Revised Code.	2347

(D) In order to place teachers in this state, the teach for	2348
America program shall enter into an agreement with one or more	2349
accredited four-year public or private institutions of higher	2350
education in the state to provide optional training of teach for	2351
America participants for the purpose of enabling those	2352
participants to complete an optional master's degree or an	2353
equivalent amount of coursework. Nothing in this division shall	2354
require any teach for America participant to complete a master's	2355
degree as a condition of holding a license issued under this	2356
section.	2357

(E)(1) Each participant in the teach for America program	2358
shall successfully complete that program as a condition of	2359
continuing to hold a license issued pursuant to divisions (A) and	2360
(B) of this section.	2361

(2) If a participant in the teach for America program	2362
assigned to teach in a school district in this state resigns or is	2363
otherwise removed from the program prior to the program's	2364
completion, the board of education of that school district shall	2365
provide written notice of the participant's resignation to the	2366
department of education.	2367

Sec. 3319.261. (A) Notwithstanding any other provision of the	2368
Revised Code or any rule adopted by the state board of education	2369
to the contrary, the state board shall issue an alternative	2370
resident educator license under division (C) of section 3319.26 of	2371
the Revised Code to each applicant who meets the following	2372
conditions:	2373

(1) Holds a bachelor's degree from an accredited institution	2374
of higher education;	2375

(2) Has successfully completed a teacher education program	2376
offered by one of the following entities:	2377

(a) ~~Graduation from an~~The American Montessori	2378
~~society-affiliated teacher education program~~society;	2379

(b) ~~Receipt of a certificate from the~~The association	2380
Montessori internationale;	2381

(c) An institution accredited by the Montessori accreditation	2382
council for teacher education.	2383

(3) Is employed in a school that operates a program that uses	2384
the Montessori method endorsed by the American Montessori society,	2385
the Montessori accreditation council for teacher education, or the	2386
association Montessori internationale as its primary method of	2387
instruction.	2388

(B) The holder of an alternative resident educator license	2389
issued under this section shall be subject to divisions (A), (B),	2390
(D), and (E) of section 3319.26 of the Revised Code and shall be	2391
granted a professional educator license upon successful completion	2392
of the requirements described in division (F) of section 3319.26	2393
of the Revised Code.	2394

Sec. 3321.13. (A) Whenever any child of compulsory school	2395
age withdraws from school the teacher of that child shall	2396
ascertain the reason for withdrawal. The fact of the withdrawal	2397
and the reason for it shall be immediately transmitted by the	2398
teacher to the superintendent of the city, local, or exempted	2399
village school district. If the child who has withdrawn from	2400
school has done so because of change of residence, the next	2401
residence shall be ascertained and shall be included in the notice	2402
thus transmitted. The superintendent shall thereupon forward a	2403
card showing the essential facts regarding the child and stating	2404
the place of the child's new residence to the superintendent of	2405
schools of the district to which the child has moved.	2406

The superintendent of public instruction may prescribe the	2407
forms to be used in the operation of this division.	2408

(B)(1) Upon receipt of information that a child of compulsory	2409
school age has withdrawn from school for a reason other than	2410
because of change of residence and is not enrolled in and	2411
attending in accordance with school policy an approved program to	2412
obtain a diploma or its equivalent, the superintendent shall	2413
notify the registrar of motor vehicles and the juvenile judge of	2414
the county in which the district is located of the withdrawal and	2415
failure to enroll in and attend an approved program to obtain a	2416
diploma or its equivalent. A ~~notification to the registrar~~	2417
~~required by this division shall be given in the manner the~~	2418
~~registrar by rule requires and a~~ notification to the juvenile	2419
judge required by this division shall be given in writing. Each	2420
notification shall be given within two weeks after the withdrawal	2421
and failure to enroll in and attend an approved program or its	2422
equivalent.	2423

(2) The board of education of a school district may adopt a	2424
resolution providing that the provisions of division (B)(2) of	2425
this section apply within the district. The provisions of division	2426
(B)(2) of this section do not apply within any school district,	2427
and no superintendent of a school district shall send a	2428
notification of the type described in division (B)(2) of this	2429
section to the registrar of motor vehicles or the juvenile judge	2430
of the county in which the district is located, unless the board	2431
of education of the district has adopted such a resolution. If the	2432
board of education of a school district adopts a resolution	2433
providing that the provisions of division (B)(2) of this section	2434
apply within the district, and if the superintendent of schools of	2435
that district receives information that, during any semester or	2436
term, a child of compulsory school age has been absent without	2437
legitimate excuse from the school the child is supposed to attend	2438
for more than ten consecutive school days or for at least fifteen	2439
total school days, the superintendent shall notify the child and	2440
the child's parent, guardian, or custodian, in writing, that the	2441
information has been provided to the superintendent, that as a	2442
result of that information the child's temporary instruction	2443
permit or driver's license will be suspended or the opportunity to	2444
obtain such a permit or license will be denied, and that the child	2445
and the child's parent, guardian, or custodian may appear in	2446
person at a scheduled date, time, and place before the	2447
superintendent or a designee to challenge the information provided	2448
to the superintendent.	2449

The notification to the child and the child's parent,	2450
guardian, or custodian required by division (B)(2) of this section	2451
shall set forth the information received by the superintendent and	2452
shall inform the child and the child's parent, guardian, or	2453
custodian of the scheduled date, time, and place of the appearance	2454
that they may have before the superintendent or a designee. The	2455
date scheduled for the appearance shall be no earlier than three	2456
and no later than five days after the notification is given,	2457
provided that an extension may be granted upon request of the	2458
child or the child's parent, guardian, or custodian. If an	2459
extension is granted, the superintendent shall schedule a new	2460
date, time, and place for the appearance and shall inform the	2461
child and the child's parent, guardian, or custodian of the new	2462
date, time, and place.	2463

If the child and the child's parent, guardian, or custodian	2464
do not appear before the superintendent or a designee on the	2465
scheduled date and at the scheduled time and place, or if the	2466
child and the child's parent, guardian, or custodian appear before	2467
the superintendent or a designee on the scheduled date and at the	2468
scheduled time and place but the superintendent or a designee	2469
determines that the information the superintendent received	2470
indicating that, during the semester or term, the child had been	2471
absent without legitimate excuse from the school the child was	2472
supposed to attend for more than ten consecutive school days or	2473
for at least fifteen total school days, the superintendent shall	2474
notify the registrar of motor vehicles and the juvenile judge of	2475
the county in which the district is located that the child has	2476
been absent for that period of time and that the child does not	2477
have any legitimate excuse for the habitual absence. A	2478
~~notification to the registrar required by this division shall be~~	2479
~~given in the manner the registrar by rule requires and a~~	2480
notification to the juvenile judge required by this division shall	2481
be given in writing. Each notification shall be given within two	2482
weeks after the receipt of the information of the habitual absence	2483
from school without legitimate excuse, or, if the child and the	2484
child's parent, guardian, or custodian appear before the	2485
superintendent or a designee to challenge the information, within	2486
two weeks after the appearance.	2487

For purposes of division (B)(2) of this section, a legitimate	2488
excuse for absence from school includes, but is not limited to,	2489
the fact that the child in question has enrolled in another school	2490
or school district in this or another state, the fact that the	2491
child in question was excused from attendance for any of the	2492
reasons specified in section 3321.04 of the Revised Code, or the	2493
fact that the child in question has received an age and schooling	2494
certificate in accordance with section 3331.01 of the Revised	2495
Code.	2496

(3) Whenever a pupil is suspended or expelled from school	2497
pursuant to section 3313.66 of the Revised Code and the reason for	2498
the suspension or expulsion is the use or possession of alcohol, a	2499
drug of abuse, or alcohol and a drug of abuse, the superintendent	2500
of schools of that district may notify the registrar and the	2501
juvenile judge of the county in which the district is located of	2502
such suspension or expulsion. Any such notification of suspension	2503
or expulsion shall be given to the registrar~~, in the manner the~~	2504
~~registrar by rule requires~~ and shall be given to the juvenile	2505
judge in writing. The notifications shall be given within two	2506
weeks after the suspension or expulsion.	2507

(4) Whenever a pupil is suspended, expelled, removed, or	2508
permanently excluded from a school for misconduct included in a	2509
policy that the board of education of a city, exempted village, or	2510
local school district has adopted under division (A) of section	2511
3313.661 of the Revised Code, and the misconduct involves a	2512
firearm or a knife or other weapon as defined in that policy, the	2513
superintendent of schools of that district shall notify the	2514
registrar and the juvenile judge of the county in which the	2515
district is located of the suspension, expulsion, removal, or	2516
permanent exclusion. The notification shall be given to the	2517
registrar ~~in the manner the registrar, by rule, requires~~ and shall	2518
be given to the juvenile judge in writing. The notifications shall	2519
be given within two weeks after the suspension, expulsion,	2520
removal, or permanent exclusion.	2521

(5)(a) If a student has at least sixty cumulative hours of	2522
unexcused absences, the student's school district shall notify the	2523
student's parent, guardian, or custodian in writing that the	2524
student may be a chronic truant as defined under section 2152.02	2525
of the Revised Code. The notification shall specify that, if the	2526
student has at least one hundred five cumulative hours of	2527
unexcused absences, a complaint must be filed in the juvenile	2528
court of the county in which the child has a residence or legal	2529
settlement or in which the child is supposed to attend school	2530
jointly against the child and the parent, guardian, or custodian.	2531

(b) If a student has at least one hundred five cumulative	2532
hours of unexcused absences, the school district board of	2533
education shall take the appropriate action required under	2534
sections 3321.19 and 3321.191 of the Revised Code not later than	2535
ten days after the student accumulates one hundred five hours of	2536
unexcused absences.	2537

(c) If a student has at least two hundred sixty-five	2538
continuous hours of unexcused absences, the superintendent of the	2539
school district shall withdraw the student from the school.	2540

(d) The department of education shall track and record the	2541
number of students who meet any of the conditions prescribed in	2542
division (B)(5)(a), (b), or (c) of this section. If a district	2543
fails to comply with the provisions of division (B)(5)(a), (b), or	2544
(c) of this section, the superintendent of public instruction	2545
shall consider a reduction in the district's state operating	2546
payments under Chapter 3317. of the Revised Code on a case-by-case	2547
basis.	2548

(C) A notification of withdrawal, habitual absence without	2549
legitimate excuse, suspension, or expulsion given to the registrar	2550
or a juvenile judge under division (B)(1), (2), (3), or (4), or	2551
(5) of this section shall contain the name, address, date of	2552
birth, grade level, number of unexcused absences, school, and	2553
school district of the child. The notification also shall include	2554
the name of the child's parent, guardian, or custodian. If the	2555
superintendent finds, after giving a notification of withdrawal,	2556
habitual absence without legitimate excuse, suspension, or	2557
expulsion to the registrar and the juvenile judge under division	2558
(B)(1), (2), (3), or (4), or (5) of this section, that the	2559
notification was given in error, the superintendent immediately	2560
shall notify the registrar and the juvenile judge of that fact.	2561

Sec. 3345.86. (A) As used in this section, an "eligible	2562
institution" means a community college established under Chapter	2563
3354. of the Revised Code, a university branch established under	2564
Chapter 3355. of the Revised Code, a technical college established	2565
under Chapter 3357. of the Revised Code, or a state community	2566
college established under Chapter 3358. of the Revised Code.	2567

(B) An individual who is at least twenty-two years of age and	2568
who is an eligible individual as defined in section 3317.23 of the	2569
Revised Code may enroll in an eligible institution for up to two	2570
cumulative school years for the purpose of completing the	2571
requirements to earn a high school diploma. An individual enrolled	2572
under this division may elect to satisfy these requirements by	2573
successfully completing a competency-based instructional program	2574
that complies with the standards adopted by the state board of	2575
education under section 3317.231 of the Revised Code.	2576

The eligible institution in which the individual enrolls	2577
shall report that individual's enrollment on a full-time	2578
equivalency basis to the department of education.	2579

(C)(1) For each eligible institution that enrolls individuals	2580
under division (B) of this section, the department annually shall	2581
certify the enrollment and attendance, on a full-time equivalency	2582
basis, of each individual reported by the institution under that	2583
division.	2584

(2) For each individual enrolled in an eligible institution	2585
under division (B) of this section, the department annually shall	2586
pay to the institution an amount equal to the following:	2587

$5,000 X the individual's enrollment on a full-time	2588
equivalency basis as certified under division (C)(1) of this	2589
section X the portion of the school year in which the individual	2590
is enrolled in the institution expressed as a percentage	2591

(D) If an individual enrolled in an eligible institution	2592
under division (B) of this section completes the requirements to	2593
earn a high school diploma, the institution shall certify the	2594
completion of those requirements to the city, local, or exempted	2595
village school district in which the individual resides. Upon	2596
receiving certification under this division, the city, local, or	2597
exempted village school district in which the individual resides	2598
shall issue a high school diploma to the individual.	2599

(E) An eligible institution that enrolls individuals under	2600
division (B) of this section shall be subject to the program	2601
administration standards adopted by the state board under section	2602
3317.231 of the Revised Code, as applicable.	2603

(F) For each individual enrolled in an eligible institution	2604
under division (B) of this section, the institution shall annually	2605
report to the department all of the following information in	2606
accordance with the standards adopted by the state board under	2607
section 3317.231 of the Revised Code:	2608

(1) Demographic information, including age at enrollment,	2609
gender, and race or ethnicity;	2610

(2) The number of courses needed to graduate at the time of	2611
enrollment;	2612

(3) The number of courses in which the individual	2613
participated during the previous school year and the subject of	2614
each of those courses;	2615

(4) The number of courses the individual completed during the	2616
previous school year and the subject of each of those courses;	2617

(5) The subject area graduation tests prescribed by statutory	2618
law that the individual, at the time of enrollment, was required	2619
to pass in order to be eligible to graduate;	2620

(6) The number of subject area graduation tests prescribed by	2621
statutory law that the individual passed during the previous	2622
school year and the subject area of each of those tests;	2623

(7) The date that the institution certified the individual's	2624
completion of the requirements to earn a high school diploma to	2625
the city, local, or exempted village school district in which the	2626
individual resides under division (D) of this section, if	2627
applicable.	2628

Sec. 3365.04. Each public and participating nonpublic	2629
secondary school shall do all of the following with respect to the	2630
college credit plus program:	2631

(A) Provide information about the program prior to the first	2632
day of March of each year to all students enrolled in grades six	2633
through eleven;	2634

(B) Provide counseling services to students in grades six	2635
through eleven and to their parents before the students	2636
participate in the program under this chapter to ensure that	2637
students and parents are fully aware of the possible consequences	2638
and benefits of participation. Counseling information shall	2639
include:	2640

(1) Program eligibility;

2641

(2) The process for granting academic credits;

2642

(3) Any necessary financial arrangements for tuition,	2643
textbooks, and fees;	2644

(4) Criteria for any transportation aid;

2645

(5) Available support services;

2646

(6) Scheduling;

2647

(7) Communicating the possible consequences and benefits of	2648
participation, including all of the following:	2649

(a) The consequences of failing or not completing a course	2650
under the program, including the effect on the student's ability	2651
to complete the secondary school's graduation requirements;	2652

(b) The effect of the grade attained in a course under the	2653
program being included in the student's grade point average, as	2654
applicable;	2655

(c) The benefits to the student for successfully completing a	2656
course under the program, including the ability to reduce the	2657
overall costs of, and the amount of time required for, a college	2658
education.	2659

(8) The academic and social responsibilities of students and	2660
parents under the program;	2661

(9) Information about and encouragement to use the counseling	2662
services of the college in which the student intends to enroll;	2663

(10) The standard packet of information for the program	2664
developed by the chancellor of the Ohio board of regents pursuant	2665
to section 3365.15 of the Revised Code;	2666

For a participating nonpublic secondary school, counseling	2667
information shall also include an explanation that funding may be	2668
limited and that not all students who wish to participate may be	2669
able to do so.	2670

(C) Promote the program on the school's web site, including	2671
the details of the school's current agreements with partnering	2672
colleges;	2673

(D) Schedule at least one informational session per school	2674
year to allow each partnering college that is located within	2675
thirty miles of the school to meet with interested students and	2676
parents. The session shall include the benefits and consequences	2677
of participation and shall outline any changes or additions to the	2678
requirements of the program. If there are no partnering colleges	2679
located within thirty miles of the school, the school shall	2680
coordinate with the closest partnering college to offer an	2681
informational session.	2682

(E) Implement a policy for the awarding of grades and the	2683
calculation of class standing for courses taken under division	2684
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy	2685
adopted under this division shall be equivalent to the school's	2686
policy for courses taken under the advanced standing programs	2687
described in divisions (A)(2) and (3) of section 3313.6013 of the	2688
Revised Code or for other courses designated as honors courses by	2689
the school. If the policy includes awarding a weighted grade or	2690
enhancing a student's class standing for these courses, the policy	2691
adopted under this section shall ~~also provide for these~~require	2692
the same procedures to be applied to all courses taken under the	2693
college credit plus program, regardless of whether a similar	2694
course is offered at the school.	2695

(F) Develop model course pathways, pursuant to section	2696
3365.13 of the Revised Code, and publish the course pathways among	2697
the school's official list of course offerings for the program.	2698

(G) Annually collect, report, and track specified data	2699
related to the program according to data reporting guidelines	2700
adopted by the chancellor and the superintendent of public	2701
instruction pursuant to section 3365.15 of the Revised Code.	2702

Sec. 3365.05. Each public and participating private college	2703
shall do all of the following with respect to the college credit	2704
plus program:	2705

(A) Apply established standards and procedures for admission	2706
to the college and for course placement for participants. When	2707
determining admission and course placement, the college shall do	2708
all of the following:	2709

(1) Consider all available student data that may be an	2710
indicator of college readiness, including grade point average and	2711
end-of-course examination scores, if applicable;	2712

(2) Give priority to its current students regarding	2713
enrollment in courses. However, once a participant has been	2714
accepted into a course, the college shall not displace the	2715
participant for another student.	2716

(3) Adhere to any capacity limitations that the college has	2717
established for specified courses.	2718

If a participant meets the applicable eligibility criteria	2719
required for participation under the college credit plus program,	2720
no public or participating private college shall prohibit the	2721
admission of that participant based solely on the grade in which	2722
the participant is currently enrolled.	2723

(B) Send written notice to a participant, the participant's	2724
parent, the participant's secondary school, and the superintendent	2725
of public instruction, not later than fourteen calendar days prior	2726
to the first day of classes for that term, of the participant's	2727
admission to the college and to specified courses under the	2728
program.	2729

(C) Provide both of the following, not later than twenty-one	2730
calendar days after the first day of classes for that term, to	2731
each participant, participant's secondary school, and the	2732
superintendent of public instruction:	2733

(1) The courses and hours of enrollment of the participant;

2734

(2) The option elected by the participant under division (A)	2735
or (B) of section 3365.06 of the Revised Code for each course.	2736

The college shall also provide to each partnering school a	2737
roster of participants from that school that are enrolled in the	2738
college and a list of course assignments for each participant.	2739

(D) Promote the program on the college's web site, including	2740
the details of the college's current agreements with partnering	2741
secondary schools.	2742

(E) Coordinate with each partnering secondary school that is	2743
located within thirty miles of the college to present at least one	2744
informational session per school year for interested students and	2745
parents. The session shall include the benefits and consequences	2746
of participation and shall outline any changes or additions to the	2747
requirements of the program. If there are no partnering schools	2748
located within thirty miles of the college, the college shall	2749
coordinate with the closest partnering school to offer an	2750
informational session.	2751

(F) Assign an academic advisor that is employed by the	2752
college to each participant enrolled in that college. Prior to the	2753
date on which a withdrawal from a course would negatively affect a	2754
participant's transcripted grade, as prescribed by the college's	2755
established withdrawal policy, the college shall ensure that the	2756
academic advisor and the participant meet at least once to discuss	2757
the program and the courses in which the participant is enrolled.	2758

(G) Do both of the following with regard to high school	2759
teachers that are teaching courses for the college at a secondary	2760
school under the program:	2761

(1) Provide at least one professional development session per	2762
school year;	2763

(2) Conduct at least one classroom observation per school	2764
year for each course that is authorized by the college and taught	2765
by a high school teacher to ensure that the course meets the	2766
quality of a college-level course.	2767

(H) Annually collect, report, and track specified data	2768
related to the program according to data reporting guidelines	2769
adopted by the chancellor and the superintendent of public	2770
instruction pursuant to section 3365.15 of the Revised Code.	2771

(I) With the exception of divisions (D) and (E) of this	2772
section, any eligible out-of-state college participating in the	2773
college credit plus program shall be subject to the same	2774
requirements as a participating private college under this	2775
section.	2776

Sec. 3365.07. The department of education shall calculate	2777
and pay state funds to colleges for participants in the college	2778
credit plus program under division (B) of section 3365.06 of the	2779
Revised Code pursuant to this section. For a nonpublic secondary	2780
school participant, a nonchartered nonpublic secondary school	2781
participant, or a home-instructed participant, the department	2782
shall pay state funds pursuant to this section only if that	2783
participant is awarded funding according to rules adopted by the	2784
chancellor of the Ohio board of regents, in consultation with the	2785
superintendent of public instruction, pursuant to section 3365.071	2786
of the Revised Code. The program shall be the sole mechanism by	2787
which state funds are paid to colleges for students to earn	2788
college-level credit while enrolled in a secondary school, with	2789
the exception of the programs listed in division (A) of section	2790
3365.02 of the Revised Code.	2791

(A) For each public or nonpublic secondary school participant	2792
enrolled in a public college:	2793

(1) If no agreement has been entered into under division	2794
(A)(2) of this section, both of the following shall apply:	2795

(a) The department shall pay to the college the applicable	2796
amount as follows:	2797

(i) For a participant enrolled in a college course delivered	2798
on the college campus, at another location operated by the	2799
college, or online, the default ceiling amount;	2800

(ii) For a participant enrolled in a college course delivered	2801
at the participant's secondary school but taught by college	2802
faculty, fifty per cent of the default ceiling amount;	2803

(iii) For a participant enrolled in a college course	2804
delivered at the participant's secondary school and taught by a	2805
high school teacher who has met the credential requirements	2806
established for purposes of the program in rules adopted by the	2807
chancellor of the Ohio board of regents, the default floor amount.	2808

(b) The participant's secondary school shall pay for	2809
textbooks, and the college shall waive payment of all other fees	2810
related to participation in the program.	2811

(2) The governing entity of a participant's secondary school	2812
and the college may enter into an agreement to establish an	2813
alternative payment structure for tuition, textbooks, and fees.	2814
Under such an agreement, payments for each participant made by the	2815
department shall be not less than the default floor amount, unless	2816
approved by the chancellor, and not more than the default ceiling	2817
amount. The chancellor shall approve an agreement that includes a	2818
payment below the default floor amount, as long as the provisions	2819
of the agreement comply with all other requirements of this	2820
chapter to ensure program quality. If no agreement is entered into	2821
under division (A)(2) of this section, both of the following shall	2822
apply:	2823

(a) The department shall pay to the college the applicable	2824
default amounts prescribed by division (A)(1)(a) of this section,	2825
depending upon the method of delivery and instruction.	2826

(b) In accordance with division (A)(1)(b) of this section,	2827
the participant's secondary school shall pay for textbooks, and	2828
the college shall waive payment of all other fees related to	2829
participation in the program.	2830

(3) No participant that is enrolled in a public college shall	2831
be charged for any tuition, textbooks, or other fees related to	2832
participation in the program.	2833

(B) For each public secondary school participant enrolled in	2834
a private college:	2835

(1) If no agreement has been entered into under division	2836
(B)(2) of this section, the department shall pay to the college	2837
the applicable amount calculated in the same manner as in division	2838
(A)(1)(a) of this section.	2839

(2) The governing entity of a participant's secondary school	2840
and the college may enter into an agreement to establish an	2841
alternative payment structure for tuition, textbooks, and fees.	2842
Under such an agreement, payments shall be not less than the	2843
default floor amount, unless approved by the chancellor, and not	2844
more than the default ceiling amount.	2845

If an agreement is entered into under division (B)(2) of this	2846
section, both of the following shall apply:	2847

(a) The department shall make a payment to the college for	2848
each participant that is equal to the default floor amount, unless	2849
approved by the chancellor to pay an amount below the default	2850
floor amount. The chancellor shall approve an agreement that	2851
includes a payment below the default floor amount, as long as the	2852
provisions of the agreement comply with all other requirements of	2853
this chapter to ensure program quality.	2854

(b) Payment for costs for the participant that exceed the	2855
amount paid by the department pursuant to division (B)(2)(a) of	2856
this section shall be negotiated by the school and the college.	2857
The agreement may include a stipulation permitting the charging of	2858
a participant, so long as the school provides information to all	2859
participants on the no-cost options available under this chapter.	2860

However, under no circumstances shall:

2861

(i) Payments for a participant made by the department under	2862
~~this~~ division (B)(2) of this section exceed the default ceiling	2863
amount;	2864

(ii) The amount charged to a participant under division	2865
(B)(2) of this section exceed the difference between the maximum	2866
per participant charge amount and the default floor amount;	2867

(iii) The sum of the payments made by the department for a	2868
participant and the amount charged to that participant under	2869
division (B)(2) of this section exceed the following amounts, as	2870
applicable:	2871

(I) For a participant enrolled in a college course delivered	2872
on the college campus, at another location operated by the	2873
college, or online, the maximum per participant charge amount;	2874

(II) For a participant enrolled in a college course delivered	2875
at the participant's secondary school but taught by college	2876
faculty, one hundred twenty-five dollars;	2877

(III) For a participant enrolled in a college course	2878
delivered at the participant's secondary school and taught by a	2879
high school teacher who has met the credential requirements	2880
established for purposes of the program in rules adopted by the	2881
chancellor of the Ohio board of regents, one hundred dollars.	2882

(iv) A participant that is identified as economically	2883
disadvantaged according to rules adopted by the department be	2884
charged under division (B)(2) of this section for any tuition,	2885
textbooks, or other fees related to participation in the program.	2886

(C) For each nonpublic secondary school participant enrolled	2887
in a private or eligible out-of-state college, the department	2888
shall pay to the college the applicable amount calculated in the	2889
same manner as in division (A)(1)(a) of this section. Payment for	2890
costs for the participant that exceed the amount paid by the	2891
department shall be negotiated by the governing body of the	2892
nonpublic secondary school and the college.	2893

However, under no circumstances shall:

2894

(1) The payments for a participant made by the department	2895
under this division exceed the default ceiling amount.	2896

(2) Any nonpublic secondary school participant, who is	2897
enrolled in that secondary school with a scholarship awarded under	2898
either the educational choice scholarship pilot program, as	2899
prescribed by sections 3310.01 to 3310.17, or the pilot project	2900
scholarship program, as prescribed by sections 3313.974 to	2901
3313.979 of the Revised Code, and who qualifies as a low-income	2902
student under either of those programs, be charged for any	2903
tuition, textbooks, or other fees related to participation in the	2904
college credit plus program.	2905

(D) For each nonchartered nonpublic secondary school	2906
participant and each home-instructed participant enrolled in a	2907
public, private, or eligible out-of-state college, the department	2908
shall pay to the college the default ceiling amount, if that	2909
participant is enrolled in a college course delivered on the	2910
college campus, at another location operated by the college, or	2911
online.	2912

(E) Not later than thirty days after the end of each term,	2913
each college expecting to receive payment for the costs of a	2914
participant under this section shall notify the department of the	2915
number of enrolled credit hours for each participant.	2916

(F) Each January and July, or as soon as possible thereafter,	2917
the department shall make the applicable payments under this	2918
section to each college, which provided proper notification to the	2919
department under division (E) of this section, for the number of	2920
enrolled credit hours for participants enrolled in the college	2921
under division (B) of section 3365.06 of the Revised Code. The	2922
department shall not make any payments to a college under this	2923
section if a participant withdrew from a course prior to the date	2924
on which a withdrawal from the course would have negatively	2925
affected the participant's transcripted grade, as prescribed by	2926
the college's established withdrawal policy.	2927

(1) Payments made for public secondary school participants	2928
under this section shall be deducted from the school foundation	2929
payments made to the participant's school district or, if the	2930
participant is enrolled in a community school, a STEM school, or a	2931
college-preparatory boarding school, from the payments made to	2932
that school under section 3314.08, 3326.33, or 3328.34 of the	2933
Revised Code. If the participant is enrolled in a joint vocational	2934
school district, a portion of the amount shall be deducted from	2935
the payments to the joint vocational school district and a portion	2936
shall be deducted from the payments to the participant's city,	2937
local, or exempted village school district in accordance with the	2938
full-time equivalency of the student's enrollment in each	2939
district. Amounts deducted under division (F)(1) of this section	2940
shall be calculated in accordance with rules adopted by the	2941
chancellor, in consultation with the state superintendent,	2942
pursuant to division (B) of section 3365.071 of the Revised Code.	2943

(2) Payments made for nonpublic secondary school	2944
participants, nonchartered nonpublic secondary school	2945
participants, and home-instructed participants under this section	2946
shall be deducted from moneys appropriated by the general assembly	2947
for such purpose. Payments shall be allocated and distributed in	2948
accordance with rules adopted by the chancellor, in consultation	2949
with the state superintendent, pursuant to division (A) of section	2950
3365.071 of the Revised Code.	2951

(G) Any public college that enrolls a student under division	2952
(B) of section 3365.06 of the Revised Code may include that	2953
student in the calculation used to determine its state share of	2954
instruction funds appropriated to the Ohio board of regents by the	2955
general assembly.	2956

Sec. 5126.24. (A) As used in this section:

2957

(1) "License" means an educator license issued by the state	2958
board of education under section 3319.22 of the Revised Code or a	2959
certificate issued by the department of developmental	2960
disabilities.	2961

(2) "Teacher" means a person employed by a county board of	2962
developmental disabilities in a position that requires a license.	2963

(3) "Nonteaching employee" means a person employed by a	2964
county board of developmental disabilities in a position that does	2965
not require a license.	2966

(4) "Years of service" includes all service described in	2967
division (A) of section ~~3317.13~~3317.14 of the Revised Code.	2968

(B) Subject to rules established by the director of	2969
developmental disabilities pursuant to Chapter 119. of the Revised	2970
Code, each county board of developmental disabilities shall	2971
annually adopt separate salary schedules for teachers and	2972
nonteaching employees.	2973

(C) The teachers' salary schedule shall provide for	2974
increments based on training and years of service. The board may	2975
establish its own service requirements ~~provided no teacher~~	2976
~~receives less than the salary the teacher would be paid under~~	2977
~~section 3317.13 of the Revised Code if the teacher were employed~~	2978
~~by a school district board of education and~~ provided full credit	2979
for a minimum of five years of actual teaching and military	2980
experience ~~as defined in division (A) of such section~~ is given to	2981
each teacher.	2982

Each teacher who has completed training that would qualify	2983
the teacher for a higher salary bracket pursuant to this section	2984
shall file by the fifteenth day of September with the fiscal	2985
officer of the board, satisfactory evidence of the completion of	2986
such additional training. The fiscal officer shall then	2987
immediately place the teacher, pursuant to this section, in the	2988
proper salary bracket in accordance with training and years of	2989
service. ~~No teacher shall be paid less than the salary to which~~	2990
~~the teacher would be entitled under section 3317.13 of the Revised~~	2991
~~Code if the teacher were employed by a school district board of~~	2992
~~education.~~	2993

The superintendent of each county board, on or before the	2994
fifteenth day of October of each year, shall certify to the state	2995
board of education the name of each teacher employed, on an annual	2996
salary, in each special education program operated pursuant to	2997
section 3323.09 of the Revised Code during the first full school	2998
week of October. The superintendent further shall certify, for	2999
each teacher, the number of years of training completed at a	3000
recognized college, the degrees earned from a college recognized	3001
by the state board, the type of license held, the number of months	3002
employed by the board, the annual salary, and other information	3003
that the state board may request.	3004

(D) The nonteaching employees' salary schedule established by	3005
the board shall ~~be based on training, experience, and~~	3006
~~qualifications with initial salaries no less than salaries in~~	3007
~~effect on July 1, 1985. Each board shall prepare and may amend~~	3008
~~from time to time,~~include specifications descriptive of duties,	3009
responsibilities, requirements, and desirable qualifications of	3010
the classifications of employees required to perform the duties	3011
specified in the salary schedule. ~~All nonteaching employees shall~~	3012
~~be notified of the position classification to which they are~~	3013
~~assigned and the salary for the classification. The compensation~~	3014
~~of all nonteaching employees working for a particular board shall~~	3015
~~be uniform for like positions except as compensation would be~~	3016
~~affected by salary increments based upon length of service.~~	3017

On the fifteenth day of October of each year the nonteaching	3018
employees' salary schedule and list of job classifications ~~and~~	3019
~~salaries in effect on that date~~ shall be filed by each board with	3020
the superintendent of public instruction. If such salary schedule	3021
and classification plan is not filed, the superintendent of public	3022
instruction shall order the board to file such schedule and list	3023
forthwith. If this condition is not corrected within ten days	3024
after receipt of the order from the superintendent, no money shall	3025
be distributed to the board under Chapter 3317. of the Revised	3026
Code until the superintendent has satisfactory evidence of the	3027
board's full compliance with such order.	3028

Sec. 5705.412. (A) As used in this section, "qualifying	3029
contract" means any agreement for the expenditure of money under	3030
which aggregate payments from the funds included in the school	3031
district's five-year forecast under section 5705.391 of the	3032
Revised Code will exceed the lesser of the following amounts:	3033

(1) Five hundred thousand dollars;

3034

(2) One per cent of the total revenue to be credited in the	3035
current fiscal year to the district's general fund, as specified	3036
in the district's most recent certificate of estimated resources	3037
certified under section 5705.36 of the Revised Code.	3038

(B)(1) Notwithstanding section 5705.41 of the Revised Code,	3039
no school district shall adopt any appropriation measure, make any	3040
qualifying contract, or increase during any school year any wage	3041
or salary schedule unless there is attached thereto a certificate,	3042
signed as required by this section, that the school district has	3043
in effect the authorization to levy taxes including the renewal or	3044
replacement of existing levies which, when combined with the	3045
estimated revenue from all other sources available to the district	3046
at the time of certification, are sufficient to provide the	3047
operating revenues necessary to enable the district to maintain	3048
all personnel and programs for all the days set forth in its	3049
adopted school calendars for the current fiscal year and for a	3050
number of days in succeeding fiscal years equal to the number of	3051
days instruction was held or is scheduled for the current fiscal	3052
year, as follows:	3053

(a) A certificate attached to an appropriation measure under	3054
this section shall cover only the fiscal year in which the	3055
appropriation measure is effective and shall not consider the	3056
renewal or replacement of an existing levy as the authority to	3057
levy taxes that are subject to appropriation in the current fiscal	3058
year unless the renewal or replacement levy has been approved by	3059
the electors and is subject to appropriation in the current fiscal	3060
year.	3061

(b) A certificate attached, in accordance with this section,	3062
to any qualifying contract shall cover the term of the contract.	3063

(c) A certificate attached under this section to a wage or	3064
salary schedule shall cover the term of the schedule.	3065

If the board of education has not adopted a school calendar	3066
for the school year beginning on the first day of the fiscal year	3067
in which a certificate is required, the certificate attached to an	3068
appropriation measure shall include the number of days on which	3069
instruction was held in the preceding fiscal year and other	3070
certificates required under this section shall include that number	3071
of days for the fiscal year in which the certificate is required	3072
and any succeeding fiscal years that the certificate must cover.	3073

The certificate shall be signed by the treasurer and	3074
president of the board of education and the superintendent of the	3075
school district, unless the district is in a state of fiscal	3076
emergency declared under Chapter 3316. of the Revised Code. In	3077
that case, the certificate shall be signed by a member of the	3078
district's financial planning and supervision commission who is	3079
designated by the commission for this purpose.	3080

(2) In lieu of the certificate required under division (B) of	3081
this section, an alternative certificate stating the following may	3082
be attached:	3083

(a) The contract is a multi-year contract for materials,	3084
equipment, or nonpayroll services essential to the education	3085
program of the district;	3086

(b) The multi-year contract demonstrates savings over the	3087
duration of the contract as compared to costs that otherwise would	3088
have been demonstrated in a single year contract, and the terms	3089
will allow the district to reduce the deficit it is currently	3090
facing in future years as demonstrated in its five-year forecast	3091
adopted in accordance with section 5705.391 of the Revised Code.	3092

The certificate shall be signed by the treasurer and	3093
president of the board of education and the superintendent of the	3094
school district, unless the district is in a state of fiscal	3095
emergency declared under Chapter 3316. of the Revised Code. In	3096
that case, the certificate shall be signed by a member of the	3097
district's financial planning and supervision commission who is	3098
designated by the commission for this purpose.	3099

(C) Every qualifying contract made or wage or salary schedule	3100
adopted or put into effect without such a certificate shall be	3101
void, and no payment of any amount due thereon shall be made.	3102

(D) The department of education and the auditor of state	3103
jointly shall adopt rules governing the methods by which	3104
treasurers, presidents of boards of education, superintendents,	3105
and members of financial planning and supervision commissions	3106
shall estimate revenue and determine whether such revenue is	3107
sufficient to provide necessary operating revenue for the purpose	3108
of making certifications required by this section.	3109

(E) The auditor of state shall be responsible for determining	3110
whether school districts are in compliance with this section. At	3111
the time a school district is audited pursuant to section 117.11	3112
of the Revised Code, the auditor of state shall review each	3113
certificate issued under this section since the district's last	3114
audit, and the appropriation measure, contract, or wage and salary	3115
schedule to which such certificate was attached. If the auditor of	3116
state determines that a school district has not complied with this	3117
section with respect to any qualifying contract or wage or salary	3118
schedule, the auditor of state shall notify the prosecuting	3119
attorney for the county, the city director of law, or other chief	3120
law officer of the school district. That officer may file a civil	3121
action in any court of appropriate jurisdiction to seek a	3122
declaration that the contract or wage or salary schedule is void,	3123
to recover for the school district from the payee the amount of	3124
payments already made under it, or both, except that the officer	3125
shall not seek to recover payments made under any collective	3126
bargaining agreement entered into under Chapter 4117. of the	3127
Revised Code. If the officer does not file such an action within	3128
one hundred twenty days after receiving notice of noncompliance	3129
from the auditor of state, any taxpayer may institute the action	3130
in the taxpayer's own name on behalf of the school district.	3131

(F) ~~This section does not apply to any contract or increase~~	3132
~~in any wage or salary schedule that is necessary in order to~~	3133
~~enable a board of education to comply with division (B) of section~~	3134
~~3317.13 of the Revised Code, provided the contract or increase~~	3135
~~does not exceed the amount required to be paid to be in compliance~~	3136
~~with such division.~~	3137

~~(G)~~ Any officer, employee, or other person who expends or	3138
authorizes the expenditure of any public funds or authorizes or	3139
executes any contract or schedule contrary to this section,	3140
expends or authorizes the expenditure of any public funds on the	3141
void contract or schedule, or issues a certificate under this	3142
section which contains any false statements is liable to the	3143
school district for the full amount paid from the district's funds	3144
on the contract or schedule. The officer, employee, or other	3145
person is jointly and severally liable in person and upon any	3146
official bond that the officer, employee, or other person has	3147
given to the school district to the extent of any payments on the	3148
void claim, not to exceed ten thousand dollars. However, no	3149
officer, employee, or other person shall be liable for a mistaken	3150
estimate of available resources made in good faith and based upon	3151
reasonable grounds. If an officer, employee, or other person is	3152
found to have complied with rules jointly adopted by the	3153
department of education and the auditor of state under this	3154
section governing methods by which revenue shall be estimated and	3155
determined sufficient to provide necessary operating revenue for	3156
the purpose of making certifications required by this section, the	3157
officer, employee, or other person shall not be liable under this	3158
section if the estimates and determinations made according to	3159
those rules do not, in fact, conform with actual revenue. The	3160
prosecuting attorney of the county, the city director of law, or	3161
other chief law officer of the district shall enforce this	3162
liability by civil action brought in any court of appropriate	3163
jurisdiction in the name of and on behalf of the school district.	3164
If the prosecuting attorney, city director of law, or other chief	3165
law officer of the district fails, upon the written request of any	3166
taxpayer, to institute action for the enforcement of the	3167
liability, the attorney general, or the taxpayer in the taxpayer's	3168
own name, may institute the action on behalf of the subdivision.	3169

~~(H)~~(G) This section does not require the attachment of an	3170
additional certificate beyond that required by section 5705.41 of	3171
the Revised Code for current payrolls of, or contracts of	3172
employment with, any employees or officers of the school district.	3173

This section does not require the attachment of a certificate	3174
to a temporary appropriation measure if all of the following	3175
apply:	3176

(1) The amount appropriated does not exceed twenty-five per	3177
cent of the total amount from all sources available for	3178
expenditure from any fund during the preceding fiscal year;	3179

(2) The measure will not be in effect on or after the	3180
thirtieth day following the earliest date on which the district	3181
may pass an annual appropriation measure;	3182

(3) An amended official certificate of estimated resources	3183
for the current year, if required, has not been certified to the	3184
board of education under division (B) of section 5705.36 of the	3185
Revised Code.	3186

Section 2. That existing sections 3301.0711, 3301.0712,	3187
3302.02, 3302.03, 3302.035, 3311.78, 3313.42, 3313.534, 3313.612,	3188
3313.672, 3313.814, 3314.06, 3314.38, 3317.034, 3317.12, 3317.14,	3189
3317.141, 3317.23, 3317.24, 3319.227, 3319.261, 3321.13, 3345.86,	3190
3365.04, 3365.05, 3365.07, 5126.24, and 5705.412 and section	3191
3317.13 of the Revised Code are hereby repealed.	3192

Section 3. That Section 263.20 of Am. Sub. H.B. 59 of the	3193
130th General Assembly, as amended by Am. Sub. H.B. 487 of the	3194
130th General Assembly, be amended to read as follows:	3195

Sec. 263.20. OPERATING EXPENSES

3196

A portion of the foregoing appropriation item 200321,	3197
Operating Expenses, shall be used by the Department of Education	3198
to provide matching funds under 20 U.S.C. 2321.	3199

EARLY CHILDHOOD EDUCATION

3200

Of the foregoing appropriation item 200408, Early Childhood	3201
Education, up to $50,000 in each fiscal year shall be used to	3202
support the operations of the "Ready, Set, Go...to Kindergarten"	3203
Program at the Horizon Education Center in Lorain County. The	3204
effectiveness of the program shall be evaluated and reported to	3205
the Department of Education in a study that includes statistics on	3206
program participants' scores for the "Get It, Got It, Go!"	3207
assessment and the kindergarten readiness assessment.	3208

The Department of Education shall distribute the remainder of	3209
the foregoing appropriation item 200408, Early Childhood	3210
Education, to pay the costs of early childhood education programs.	3211
The Department shall distribute such funds directly to qualifying	3212
providers.	3213

(A) As used in this section:

3214

(1) "Provider" means a city, local, exempted village, or	3215
joint vocational school district; an educational service center; a	3216
community school; a chartered nonpublic school; an early childhood	3217
education child care provider licensed under Chapter 5104. of the	3218
Revised Code that participates in and meets at least the third	3219
highest tier of the tiered quality rating and improvement system	3220
described in section 5104.30 of the Revised Code; or a combination	3221
of entities described in this paragraph.	3222

(2)(a) In the case of a city, local, or exempted village	3223
school district or early childhood education child care provider	3224
licensed under Chapter 5104. of the Revised Code, "new eligible	3225
provider" means a provider that did not receive state funding for	3226
Early Childhood Education in the previous fiscal year or	3227
demonstrates a need for early childhood programs as defined in	3228
division (D) of this section.	3229

(b) In the case of a community school, "new eligible	3230
provider" means a community school that operates a program that	3231
uses the Montessori method endorsed by the American Montessori	3232
society, the Montessori accreditation council for teacher	3233
education, or the association Montessori internationale as its	3234
primary method of instruction, as authorized by division (A) of	3235
section 3314.06 of the Revised Code, that did not receive state	3236
funding for Early Childhood Education in the previous fiscal year	3237
or demonstrates a need for early childhood programs as defined in	3238
division (D) of this section.	3239

(3) "Eligible child" means a child who is at least three	3240
years of age as of the district entry date for kindergarten, is	3241
not of the age to be eligible for kindergarten, and whose family	3242
earns not more than two hundred per cent of the federal poverty	3243
guidelines as defined in division (A)(3) of section 5101.46 of the	3244
Revised Code. Children with an Individualized Education Program	3245
and where the Early Childhood Education program is the least	3246
restrictive environment may be enrolled on their third birthday.	3247

(4) "Early learning program standards" means early learning	3248
program standards for school readiness developed by the Department	3249
to assess the operation of early learning programs.	3250

(B) In each fiscal year, up to two per cent of the total	3251
appropriation may be used by the Department for program support	3252
and technical assistance. The Department shall distribute the	3253
remainder of the appropriation in each fiscal year to serve	3254
eligible children.	3255

(C) The Department shall provide an annual report to the	3256
Governor, the Speaker of the House of Representatives, and the	3257
President of the Senate and post the report to the Department's	3258
web site, regarding early childhood education programs operated	3259
under this section and the early learning program standards.	3260

(D) After setting aside the amounts to make payments due from	3261
the previous fiscal year, in fiscal year 2014, the Department	3262
shall distribute funds first to recipients of funds for early	3263
childhood education programs under Section 267.10.10 of Am. Sub.	3264
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	3265
H.B. 487 of the 129th General Assembly, in the previous fiscal	3266
year and the balance to new eligible providers of early childhood	3267
education programs under this section or to existing providers to	3268
serve more eligible children or for purposes of program expansion,	3269
improvement, or special projects to promote quality and	3270
innovation.	3271

After setting aside the amounts to make payments due from the	3272
previous fiscal year, in fiscal year 2015, the Department shall	3273
distribute funds first to providers of early childhood education	3274
programs under this section in the previous fiscal year and the	3275
balance to new eligible providers or to existing providers to	3276
serve more eligible children as outlined under division (E) of	3277
this section or for purposes of program expansion, improvement, or	3278
special projects to promote quality and innovation.	3279

(E) The Department shall distribute any new or remaining	3280
funding to existing providers of early childhood education	3281
programs or any new eligible providers in an effort to invest in	3282
high quality early childhood programs where there is a need as	3283
determined by the Department. The Department shall distribute the	3284
new or remaining funds to existing providers of early childhood	3285
education programs or any new eligible providers to serve	3286
additional eligible children based on community economic	3287
disadvantage, limited access to high quality preschool or	3288
childcare services, and demonstration of high quality preschool	3289
services as determined by the Department using new metrics	3290
developed pursuant to Ohio's Race to the Top—Early Learning	3291
Challenge Grant, awarded to the Department in December 2011.	3292

Awards under divisions (D) and (E) of this section shall be	3293
distributed on a per-pupil basis, and in accordance with division	3294
(I) of this section. The Department may adjust the per-pupil	3295
amount so that the per-pupil amount multiplied by the number of	3296
eligible children enrolled and receiving services on the first day	3297
of December or the business day closest to that date equals the	3298
amount allocated under this section.	3299

(F) Costs for developing and administering an early childhood	3300
education program may not exceed fifteen per cent of the total	3301
approved costs of the program.	3302

All providers shall maintain such fiscal control and	3303
accounting procedures as may be necessary to ensure the	3304
disbursement of, and accounting for, these funds. The control of	3305
funds provided in this program, and title to property obtained,	3306
shall be under the authority of the approved provider for purposes	3307
provided in the program unless, as described in division (K) of	3308
this section, the program waives its right for funding or a	3309
program's funding is eliminated or reduced due to its inability to	3310
meet financial or early learning program standards. The approved	3311
provider shall administer and use such property and funds for the	3312
purposes specified.	3313

(G) The Department may examine a provider's financial and	3314
program records. If the financial practices of the program are not	3315
in accordance with standard accounting principles or do not meet	3316
financial standards outlined under division (F) of this section,	3317
or if the program fails to substantially meet the early learning	3318
program standards, meet a quality rating level in the tiered	3319
quality rating and improvement system developed under section	3320
5104.30 of the Revised Code as prescribed by the Department, or	3321
exhibits below average performance as measured against the	3322
standards, the early childhood education program shall propose and	3323
implement a corrective action plan that has been approved by the	3324
Department. The approved corrective action plan shall be signed by	3325
the chief executive officer and the executive of the official	3326
governing body of the provider. The corrective action plan shall	3327
include a schedule for monitoring by the Department. Such	3328
monitoring may include monthly reports, inspections, a timeline	3329
for correction of deficiencies, and technical assistance to be	3330
provided by the Department or obtained by the early childhood	3331
education program. The Department may withhold funding pending	3332
corrective action. If an early childhood education program fails	3333
to satisfactorily complete a corrective action plan, the	3334
Department may deny expansion funding to the program or withdraw	3335
all or part of the funding to the program and establish a new	3336
eligible provider through a selection process established by the	3337
Department.	3338

(H)(1) If the early childhood education program is licensed	3339
by the Department of Education and is not highly rated, as	3340
determined by the Director of Job and Family Services, under the	3341
tiered quality rating and improvement system described in section	3342
5104.30 of the Revised Code, the program shall do all of the	3343
following:	3344

(a) Meet teacher qualification requirements prescribed by	3345
section 3301.311 of the Revised Code;	3346

(b) Align curriculum to the early learning content standards	3347
developed by the Department;	3348

(c) Meet any child or program assessment requirements	3349
prescribed by the Department;	3350

(d) Require teachers, except teachers enrolled and working to	3351
obtain a degree pursuant to section 3301.311 of the Revised Code,	3352
to attend a minimum of twenty hours every two years of	3353
professional development as prescribed by the Department;	3354

(e) Document and report child progress as prescribed by the	3355
Department;	3356

(f) Meet and report compliance with the early learning	3357
program standards as prescribed by the Department;	3358

(g) Participate in the tiered quality rating and improvement	3359
system developed under section 5104.30 of the Revised Code.	3360
Effective July 1, 2016, all programs shall be rated through the	3361
system.	3362

(2) If the program is highly rated, as determined by the	3363
Director of Job and Family Services, under the tiered quality	3364
rating and improvement system developed under section 5104.30 of	3365
the Revised Code, the program shall comply with the requirements	3366
of that system.	3367

(I) Per-pupil funding for programs subject to this section	3368
shall be sufficient to provide eligible children with services for	3369
a standard early childhood schedule which shall be defined in this	3370
section as a minimum of twelve and one-half hours per school week	3371
as defined in section 3313.62 of the Revised Code for the minimum	3372
school year as defined in sections 3313.48, 3313.481, and 3313.482	3373
of the Revised Code. Nothing in this section shall be construed to	3374
prohibit program providers from utilizing other funds to serve	3375
eligible children in programs that exceed the twelve and one-half	3376
hours per week or that exceed the minimum school year. For any	3377
provider for which a standard early childhood education schedule	3378
creates a hardship or for which the provider shows evidence that	3379
the provider is working in collaboration with a preschool special	3380
education program, the provider may submit a waiver to the	3381
Department requesting an alternate schedule. If the Department	3382
approves a waiver for an alternate schedule that provides services	3383
for less time than the standard early childhood education	3384
schedule, the Department may reduce the provider's annual	3385
allocation proportionately. Under no circumstances shall an annual	3386
allocation be increased because of the approval of an alternate	3387
schedule.	3388

(J) Each provider shall develop a sliding fee scale based on	3389
family incomes and shall charge families who earn more than two	3390
hundred per cent of the federal poverty guidelines, as defined in	3391
division (A)(3) of section 5101.46 of the Revised Code, for the	3392
early childhood education program.	3393

The Department shall conduct an annual survey of each	3394
provider to determine whether the provider charges families	3395
tuition or fees, the amount families are charged relative to	3396
family income levels, and the number of families and students	3397
charged tuition and fees for the early childhood program.	3398

(K) If an early childhood education program voluntarily	3399
waives its right for funding, or has its funding eliminated for	3400
not meeting financial standards or the early learning program	3401
standards, the provider shall transfer control of title to	3402
property, equipment, and remaining supplies obtained through the	3403
program to providers designated by the Department and return any	3404
unexpended funds to the Department along with any reports	3405
prescribed by the Department. The funding made available from a	3406
program that waives its right for funding or has its funding	3407
eliminated or reduced may be used by the Department for new grant	3408
awards or expansion grants. The Department may award new grants or	3409
expansion grants to eligible providers who apply. The eligible	3410
providers who apply must do so in accordance with the selection	3411
process established by the Department.	3412

(L) Eligible expenditures for the Early Childhood Education	3413
Program shall be claimed each fiscal year to help meet the state's	3414
TANF maintenance of effort requirement. The Superintendent of	3415
Public Instruction and the Director of Job and Family Services	3416
shall enter into an interagency agreement to carry out the	3417
requirements under this division, which shall include developing	3418
reporting guidelines for these expenditures.	3419

(M) The Early Childhood Advisory Council established under	3420
section 3301.90 of the Revised Code shall provide, by October 1,	3421
2013, recommendations including, but not limited to, the	3422
administration, implementation, and distribution of funding for an	3423
early childhood voucher program, to the Superintendent of Public	3424
Instruction, the Governor's Office of 21st Century Education, the	3425
Speaker of the House of Representatives, the President of the	3426
Senate, and the chairpersons of the standing committees of the	3427
House of Representatives and the Senate that deal primarily with	3428
issues of education. Decisions on the implementation of the	3429
voucher program shall be made by the Governor's Office of 21st	3430
Century Education with recommendations from the State	3431
Superintendent of Public Instruction and the Early Childhood	3432
Advisory Council.	3433

Section 4. That existing Section 263.20 of Am. Sub. H.B. 59	3434
of the 130th General Assembly, as amended by Am. Sub. H.B. 487 of	3435
the 130th General Assembly, is hereby repealed.	3436

Section 5. That Section 263.320 of Am. Sub. H.B. 59 of the	3437
130th General Assembly, as amended by Am. Sub. H.B. 483 of the	3438
130th General Assembly, be amended to read as follows:	3439

Sec. 263.320. LOTTERY PROFITS EDUCATION FUND

3440

Appropriation item 200612, Foundation Funding (Fund 7017),	3441
shall be used in conjunction with appropriation item 200550,	3442
Foundation Funding (GRF), to provide state foundation payments to	3443
school districts.	3444

The Department of Education, with the approval of the	3445
Director of Budget and Management, shall determine the monthly	3446
distribution schedules of appropriation item 200550, Foundation	3447
Funding (GRF), and appropriation item 200612, Foundation Funding	3448
(Fund 7017). If adjustments to the monthly distribution schedule	3449
are necessary, the Department of Education shall make such	3450
adjustments with the approval of the Director of Budget and	3451
Management.	3452

CAREER ADVISING AND MENTORING PROGRAM

3453

The foregoing appropriation item 200629, Career Advising and	3454
Mentoring, shall be used by the State Superintendent of Public	3455
Instruction to create the Career Advising and Mentoring Grant	3456
Program. The Superintendent shall develop guidelines for the	3457
grants. The program shall award competitive matching grants to	3458
provide funding for local networks of volunteers and organizations	3459
to sponsor career advising and mentoring for students in eligible	3460
school districts. Each grant award shall match up to three times	3461
the funds allocated to the project by the local network. Eligible	3462
school districts are those with a high percentage of students in	3463
poverty, a high number of students not graduating on time, and	3464
other criteria as determined by the State Superintendent. Eligible	3465
school districts shall partner with members of the business	3466
community, civic organizations, or the faith-based community to	3467
provide sustainable career advising and mentoring services.	3468

An amount equal to the unexpended, unencumbered portion of	3469
the foregoing appropriation item 200629, Career Advising and	3470
Mentoring Program, at the end of fiscal year 2015 is hereby	3471
reappropriated to the Department of Education for the same purpose	3472
for fiscal year 2016.	3473

STRAIGHT A FUND

3474

Of the foregoing appropriation item 200648, Straight A Fund,	3475
up to $70,000 in each fiscal year shall be used by Kids Unlimited	3476
of Toledo for quality after-school tutoring and mentoring programs	3477
in two elementary school buildings in Lucas County. The school	3478
buildings may include any community school, chartered nonpublic	3479
school, or building that is part of a city, local, or exempted	3480
village school district. Kids Unlimited of Toledo shall provide	3481
local matching funds equal to the set-aside.	3482

Of the foregoing appropriation item 200648, Straight A Fund,	3483
up to $250,000 in each fiscal year may be used to make competitive	3484
grants in accordance with Section 263.324 of this act.	3485

Of the foregoing appropriation item 200648, Straight A Fund,	3486
up to $6,000,000 in fiscal year 2014 shall be distributed to the	3487
Cleveland Municipal School District to be used, as determined by	3488
the Department of Education, to implement provisions of Am. Sub.	3489
H.B. 525 of the 129th General Assembly.	3490

Of the foregoing appropriation item 200648, Straight A Fund,	3491
up to $5,000,000 in each fiscal year shall be provided to school	3492
districts that meet the conditions prescribed in division (G)(3)	3493
of section 3317.0212 of the Revised Code to support innovations	3494
that improve the efficiency of pupil transportation. This may	3495
include, but is not limited to, the purchase of buses and other	3496
equipment. The Department of Education shall distribute these	3497
funds to districts based on each district's qualifying ridership	3498
as reported under division (B) of section 3317.0212 of the Revised	3499
Code.	3500

The remainder of appropriation item 200648, Straight A Fund,	3501
shall be used to make competitive grants in accordance with	3502
Section 263.325 of this act.	3503

EDCHOICE EXPANSION

3504

The foregoing appropriation item 200666, EdChoice Expansion,	3505
shall be used as follows:	3506

(A) In fiscal year 2014, notwithstanding section 3310.032 of	3507
the Revised Code, the Department of Education shall administer an	3508
expansion of the Educational Choice Scholarship program as	3509
follows:	3510

(1) A student is an "eligible student" for purposes of the	3511
expansion of the Educational Choice Scholarship Pilot Program	3512
under division (A) of this section if the student's resident	3513
district is not a school district in which the pilot project	3514
scholarship program is operating under sections 3313.974 to	3515
3313.979 of the Revised Code and the student's family income is at	3516
or below two hundred per cent of the federal poverty guidelines,	3517
as defined in section 5101.46 of the Revised Code.	3518

(2) The Department shall pay scholarships to attend chartered	3519
nonpublic schools in accordance with section 3310.08 of the	3520
Revised Code. The number of scholarships awarded under division	3521
(A) of this section shall not exceed the number that can be funded	3522
with appropriations made by the general assembly for this purpose.	3523

(3) Scholarships under division (A) of this section shall be	3524
awarded for the 2013-2014 school year, to eligible students who	3525
are entering kindergarten in that school year for the first time.	3526

(4) If the number of eligible students who apply for a	3527
scholarship exceeds the scholarships available based on the	3528
appropriation for division (A) of this section, the department	3529
shall award scholarships in the following order of priority:	3530

(a) First, to eligible students with family incomes at or	3531
below one hundred per cent of the federal poverty guidelines.	3532

(b) Second, to other eligible students who qualify under	3533
division (A) of this section. If the number of students described	3534
in division (A)(4)(b) of this section exceeds the number of	3535
available scholarships after awards are made under division	3536
(A)(4)(a) of this section, the department shall select students	3537
described in division (A)(4)(b) of this section by lot to receive	3538
any remaining scholarships.	3539

(5) A student who receives a scholarship under division (A)	3540
of this section remains an eligible student and may continue to	3541
receive scholarships under section 3310.032 of the Revised Code in	3542
subsequent school years until the student completes grade twelve,	3543
so long as the student satisfies the conditions specified in	3544
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	3545

Once a scholarship is awarded under this section, the student	3546
shall remain eligible for that scholarship for the current and	3547
subsequent school years, even if the student's family income rises	3548
above the amount specified in division (A) of section 3310.032 of	3549
the Revised Code, provided the student remains enrolled in a	3550
chartered nonpublic school.	3551

(B) In fiscal year 2015, to provide for the scholarships	3552
awarded under the expansion of the educational choice program	3553
established under section 3310.032 of the Revised Code. The number	3554
of scholarships awarded under the expansion of the educational	3555
choice program shall not exceed the number that can be funded with	3556
the appropriations made by the General Assembly for this purpose.	3557

COMMUNITY SCHOOL FACILITIES

3558

The foregoing appropriation item 200684, Community School	3559
Facilities, shall be used to pay each community school established	3560
under Chapter 3314. of the Revised Code that is not an internet-	3561
or computer-based community school and each STEM school	3562
established under Chapter 3326. of the Revised Code an amount	3563
equal to $100 for each full-time equivalent pupil for assistance	3564
with the cost associated with facilities. If the amount	3565
appropriated is not sufficient, the Department of Education shall	3566
prorate the amounts so that the aggregate amount appropriated is	3567
not exceeded.	3568

Section 6. That existing Section 263.320 of Am. Sub. H.B. 59	3569
of the 130th General Assembly, as amended by Am. Sub. H.B. 483 of	3570
the 130th General Assembly, is hereby repealed.	3571

Section 7. That Section 9 of Am. Sub. H.B. 487 of the 130th	3572
General Assembly be amended to read as follows:	3573

Sec. 9. (A) For the 2014-2015 school year, each school	3574
district, community school established under Chapter 3314., or	3575
STEM school established under Chapter 3326. of the Revised Code	3576
shall administer to third grade students, for purposes of section	3577
3313.608 of the Revised Code, the English language arts assessment	3578
required under division (A)(1)(a) of section 3301.0710 of the	3579
Revised Code ~~to third grade students for purposes of section~~	3580
~~3313.608 of the Revised Code as follows:~~	3581

~~(1) For the fall administration of the assessment, each~~	3582
~~district or school shall administer the English language arts~~	3583
~~assessment for third graders~~ that the school administered for the	3584
previous year under that section ~~3301.0710 of the Revised Code.~~	3585

~~(2) For the spring administration of the assessment to any~~	3586
~~student who fails to attain at least the score range prescribed by~~	3587
~~division (A)(3) of section 3301.0710 of the Revised Code, each~~	3588
~~district or school shall administer the English language arts~~	3589
~~assessment for third graders that the school administered for the~~	3590
~~previous year under section 3301.0710 of the Revised Code.~~	3591

~~(3) For the spring administration of the assessment to any~~	3592
~~student who has attained at least the score range prescribed by~~	3593
~~division (A)(3) of section 3301.0710 of the Revised Code, each~~	3594
~~district or school shall administer the English language arts~~	3595
~~assessment developed by the Partnership for Assessment of~~	3596
~~Readiness for College and Careers (PARCC)~~.	3597

(B) ~~The~~For the 2014-2015 school year, the Department shall	3598
use the assessments described in ~~divisions~~division (A)~~(1) and~~	3599
~~(2)~~ of this section to calculate a district's or school's grades	3600
on the state report card prescribed by section 3302.03 of the	3601
Revised Code. However, notwithstanding anything to the contrary in	3602
the Revised Code, the Department shall not use the results of the	3603
third-grade English language arts assessments described in	3604
division (A) of this section in determining the performance index	3605
score of a school district or building.	3606

A school district or building shall be considered to have met	3607
the performance indicator for the third-grade English language	3608
arts assessment described in division (A) of this section, if at	3609
least eighty per cent of the tested students attain a score of	3610
proficient or higher on the assessment.	3611

Section 8. That existing Section 9 of Am. Sub. H.B. 487 of	3612
the 130th General Assembly is hereby repealed.	3613

Section 9. Notwithstanding division (G)(2) of section	3614
3301.0711 of the Revised Code, for the 2014-2015 school year only,	3615
the Department of Education or an entity with which the Department	3616
contracts for the scoring of the assessments prescribed by	3617
divisions (A)(1) and (B)(1) and (2) of section 3301.0710 of the	3618
Revised Code shall send to each school district board a list of	3619
the individual scores of all persons taking such an assessment for	3620
that school year not later than December 31, 2015.	3621

Section 10. For the 2014-2015 school year, for the state	3622
report card prescribed by section 3302.03 of the Revised Code,	3623
notwithstanding anything to the contrary in the Revised Code, the	3624
Department of Education shall calculate the performance index	3625
score and the performance indicators met report card measures	3626
based on the following assessments as follows:	3627

(A) For students enrolled in any of grades nine through	3628
twelve, the scores from the assessments administered under	3629
division (B)(1) of section 3301.0710 of the Revised Code.	3630

Any scores from assessments under division (B)(2) of section	3631
3301.0712 of the Revised Code taken by students in any of grades	3632
nine through twelve shall be reported only and shall not be	3633
included in the calculation of a letter grade for a school	3634
district or building's performance index or performance indicator	3635
score.	3636

(B) For students enrolled in grade eight or below, the scores	3637
from the assessments administered under division (B)(2) of section	3638
3301.0712 of the Revised Code.	3639

Section 11. (A)(1) For the 2014-2015 school year, if a	3640
student is enrolled in an appropriate course under either of the	3641
dual enrollment programs described in former divisions (A)(1) or	3642
(4) of section 3313.6013 of the Revised Code, as it existed prior	3643
to September 17, 2014, in the area of physical science or biology,	3644
American history, or American government, that student shall not	3645
be required to take the physical science or biology, American	3646
history, or American government end-of-course examination,	3647
whichever is applicable, prescribed under division (B)(2) of	3648
section 3301.0712 of the Revised Code. Instead, that student's	3649
final course grade shall be used in lieu of the applicable	3650
end-of-course examination prescribed under that section.	3651

(2) For the 2014-2015 school year, if a student is enrolled	3652
in an appropriate course under the dual enrollment program	3653
described in former division (A)(3) of section 3313.6013 of the	3654
Revised Code, as it existed prior to September 17, 2014, in the	3655
area of physical science or biology, American history, or American	3656
government, that student shall either:	3657

(a) Take the applicable examination under that dual	3658
enrollment program in lieu of the physical science or biology,	3659
American history, or American government end-of-course	3660
examination, whichever is applicable, prescribed under division	3661
(B)(2) of section 3301.0712 of the Revised Code;	3662

(b) Not be required to take the physical science or biology,	3663
American history, or American government end-of-course	3664
examination, whichever is applicable, prescribed under division	3665
(B)(2) of section 3301.0712 of the Revised Code. Instead, that	3666
student's final course grade shall be used in lieu of the	3667
applicable end-of-course examination prescribed under that	3668
section.	3669

Divisions (A)(1) and (A)(2)(b) of this section shall apply	3670
only to courses for which students receive transcripted credit, as	3671
defined in division (U) of section 3365.01 of the Revised Code.	3672
Neither division shall apply to remedial or developmental courses.	3673

(B) For purposes of this section:

3674

(1) The State Board of Education shall specify the score	3675
levels for each examination required under this section for	3676
purposes of calculating the minimum cumulative performance score	3677
that demonstrates the level of academic achievement necessary to	3678
earn a high school diploma.	3679

(2) The Superintendent of Public Instruction and the	3680
Chancellor of the Ohio Board of Regents jointly shall adopt	3681
guidelines for purposes of calculating the minimum final course	3682
grade that demonstrates the level of academic achievement	3683
necessary to earn a high school diploma.	3684

Section 12. Notwithstanding section 3302.03 of the Revised	3685
Code, the Department of Education shall issue grades as described	3686
in division (E) of section 3302.03 of the Revised Code for each of	3687
the performance measures prescribed in division (C)(1) of that	3688
section for the 2014-2015 school year not later than January 15,	3689
2016.	3690

Section 13. Notwithstanding anything to the contrary in	3691
section 3302.035 of the Revised Code, the Department of Education	3692
shall issue the reports required under that section on the	3693
performance measures for a school district's or school's students	3694
with disabilities subgroup, using data from the 2014-2015 school	3695
year, not later than January 15, 2016.	3696

For each school year thereafter, the Department shall issue	3697
those reports on the first day of October as required under that	3698
section.	3699

Section 14. Not later than November 1, 2015, the State Board	3700
of Education shall make a recommendation on whether or not to	3701
extend by one year the safe harbor provisions prescribed by	3702
section 3302.036 of the Revised Code and Section 13 of Am. Sub.	3703
H.B. 487 of the 130th General Assembly.	3704

Section 15. Notwithstanding section 3302.21 of the Revised	3705
Code, for the 2014-2015 school year only, the Department of	3706
Education shall not rank school districts, community schools, and	3707
STEM schools according to the performance measures prescribed in	3708
divisions (A)(1), (2), and (5) of that section. However, the	3709
Department shall rank districts and schools according to the	3710
measures prescribed in divisions (A)(3) and (4) of that section	3711
for the 2014-2015 school year not later than January 15, 2016.	3712

Section 16. Notwithstanding section 3302.22 of the Revised	3713
Code, the State Board of Education may adopt a resolution excusing	3714
the Department of Education from determining the top ten per cent	3715
of schools for the Governor's Effective and Efficient Schools	3716
Recognition Program under section 3302.22 of the Revised Code for	3717
the 2014-2015 school year.	3718