Bill Text: OH HB113 | 2013-2014 | 130th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regarding the excusal of students from the high school physical education requirement.

Spectrum: Slight Partisan Bill (Democrat 12-7)

Status: (Engrossed - Dead) 2014-12-11 - Committee Report - S [HB113 Detail]

Download: Ohio-2013-HB113-Comm_Sub.html

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As Reported by the House Education Committee

130th General Assembly Regular Session 2013-2014

H. B. No. 113

Representatives Antonio, Henne 

Cosponsors: Representatives Ramos, Brenner, Hood, Driehaus, Hagan, R., Letson, Stinziano, Milkovich, Boyce, Hackett, Rogers, Cera 

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A BILL

To amend section 3313.603 of the Revised Code to

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specify that school districts and chartered

2

nonpublic schools may excuse from high school

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physical education students who participate in a

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school-sponsored athletic club.

5

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

Section 1.  That section 3313.603 of the Revised Code be	6
enacted to read as follows:	7

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

8

(1) "One unit" means a minimum of one hundred twenty hours of	9
course instruction, except that for a laboratory course, "one	10
unit" means a minimum of one hundred fifty hours of course	11
instruction.	12

(2) "One-half unit" means a minimum of sixty hours of course	13
instruction, except that for physical education courses, "one-half	14
unit" means a minimum of one hundred twenty hours of course	15
instruction.	16

(B) Beginning September 15, 2001, except as required in	17
division (C) of this section and division (C) of section 3313.614	18
of the Revised Code, the requirements for graduation from every	19
high school shall include twenty units earned in grades nine	20
through twelve and shall be distributed as follows:	21

(1) English language arts, four units;

22

(2) Health, one-half unit;

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(3) Mathematics, three units;

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(4) Physical education, one-half unit;

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(5) Science, two units until September 15, 2003, and three	26
units thereafter, which at all times shall include both of the	27
following:	28

(a) Biological sciences, one unit;

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(b) Physical sciences, one unit.

30

(6) History and government, one unit, which shall comply with	31
division (M) of this section and shall include both of the	32
following:	33

(a) American history, one-half unit;

34

(b) American government, one-half unit.

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(7) Social studies, two units.

36

(8) Elective units, seven units until September 15, 2003, and	37
six units thereafter.	38

Each student's electives shall include at least one unit, or	39
two half units, chosen from among the areas of	40
business/technology, fine arts, and/or foreign language.	41

(C) Beginning with students who enter ninth grade for the	42
first time on or after July 1, 2010, except as provided in	43
divisions (D) to (F) of this section, the requirements for	44
graduation from every public and chartered nonpublic high school	45
shall include twenty units that are designed to prepare students	46
for the workforce and college. The units shall be distributed as	47
follows:	48

(1) English language arts, four units;

49

(2) Health, one-half unit, which shall include instruction in	50
nutrition and the benefits of nutritious foods and physical	51
activity for overall health;	52

(3) Mathematics, four units, which shall include one unit of	53
algebra II or the equivalent of algebra II;	54

(4) Physical education, one-half unit;

55

(5) Science, three units with inquiry-based laboratory	56
experience that engages students in asking valid scientific	57
questions and gathering and analyzing information, which shall	58
include the following, or their equivalent:	59

(a) Physical sciences, one unit;

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(b) Life sciences, one unit;

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(c) Advanced study in one or more of the following sciences,	62
one unit:	63

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

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(ii) Advanced biology or other life science;

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(iii) Astronomy, physical geology, or other earth or space	66
science.	67

(6) History and government, one unit, which shall comply with	68
division (M) of this section and shall include both of the	69
following:	70

(a) American history, one-half unit;

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(b) American government, one-half unit.

72

(7) Social studies, two units.

73

Each school shall integrate the study of economics and	74
financial literacy, as expressed in the social studies academic	75
content standards adopted by the state board of education under	76
division (A)(1) of section 3301.079 of the Revised Code and the	77
academic content standards for financial literacy and	78
entrepreneurship adopted under division (A)(2) of that section,	79
into one or more existing social studies credits required under	80
division (C)(7) of this section, or into the content of another	81
class, so that every high school student receives instruction in	82
those concepts. In developing the curriculum required by this	83
paragraph, schools shall use available public-private partnerships	84
and resources and materials that exist in business, industry, and	85
through the centers for economics education at institutions of	86
higher education in the state.	87

(8) Five units consisting of one or any combination of	88
foreign language, fine arts, business, career-technical education,	89
family and consumer sciences, technology, agricultural education,	90
a junior reserve officer training corps (JROTC) program approved	91
by the congress of the United States under title 10 of the United	92
States Code, or English language arts, mathematics, science, or	93
social studies courses not otherwise required under division (C)	94
of this section.	95

Ohioans must be prepared to apply increased knowledge and	96
skills in the workplace and to adapt their knowledge and skills	97
quickly to meet the rapidly changing conditions of the	98
twenty-first century. National studies indicate that all high	99
school graduates need the same academic foundation, regardless of	100
the opportunities they pursue after graduation. The goal of Ohio's	101
system of elementary and secondary education is to prepare all	102
students for and seamlessly connect all students to success in	103
life beyond high school graduation, regardless of whether the next	104
step is entering the workforce, beginning an apprenticeship,	105
engaging in post-secondary training, serving in the military, or	106
pursuing a college degree.	107

The Ohio core curriculum is the standard expectation for all	108
students entering ninth grade for the first time at a public or	109
chartered nonpublic high school on or after July 1, 2010. A	110
student may satisfy this expectation through a variety of methods,	111
including, but not limited to, integrated, applied,	112
career-technical, and traditional coursework.	113

Whereas teacher quality is essential for student success in	114
completing the Ohio core curriculum, the general assembly shall	115
appropriate funds for strategic initiatives designed to strengthen	116
schools' capacities to hire and retain highly qualified teachers	117
in the subject areas required by the curriculum. Such initiatives	118
are expected to require an investment of $120,000,000 over five	119
years.	120

Stronger coordination between high schools and institutions	121
of higher education is necessary to prepare students for more	122
challenging academic endeavors and to lessen the need for academic	123
remediation in college, thereby reducing the costs of higher	124
education for Ohio's students, families, and the state. The state	125
board and the chancellor of the Ohio board of regents shall	126
develop policies to ensure that only in rare instances will	127
students who complete the Ohio core curriculum require academic	128
remediation after high school.	129

School districts, community schools, and chartered nonpublic	130
schools shall integrate technology into learning experiences	131
across the curriculum in order to maximize efficiency, enhance	132
learning, and prepare students for success in the	133
technology-driven twenty-first century. Districts and schools	134
shall use distance and web-based course delivery as a method of	135
providing or augmenting all instruction required under this	136
division, including laboratory experience in science. Districts	137
and schools shall utilize technology access and electronic	138
learning opportunities provided by the eTech Ohio commission, the	139
Ohio learning network, education technology centers, public	140
television stations, and other public and private providers.	141

(D) Except as provided in division (E) of this section, a	142
student who enters ninth grade on or after July 1, 2010, and	143
before July 1, 2014, may qualify for graduation from a public or	144
chartered nonpublic high school even though the student has not	145
completed the Ohio core curriculum prescribed in division (C) of	146
this section if all of the following conditions are satisfied:	147

(1) After the student has attended high school for two years,	148
as determined by the school, the student and the student's parent,	149
guardian, or custodian sign and file with the school a written	150
statement asserting the parent's, guardian's, or custodian's	151
consent to the student's graduating without completing the Ohio	152
core curriculum and acknowledging that one consequence of not	153
completing the Ohio core curriculum is ineligibility to enroll in	154
most state universities in Ohio without further coursework.	155

(2) The student and parent, guardian, or custodian fulfill	156
any procedural requirements the school stipulates to ensure the	157
student's and parent's, guardian's, or custodian's informed	158
consent and to facilitate orderly filing of statements under	159
division (D)(1) of this section.	160

(3) The student and the student's parent, guardian, or	161
custodian and a representative of the student's high school	162
jointly develop an individual career plan for the student that	163
specifies the student matriculating to a two-year degree program,	164
acquiring a business and industry credential, or entering an	165
apprenticeship.	166

(4) The student's high school provides counseling and support	167
for the student related to the plan developed under division	168
(D)(3) of this section during the remainder of the student's high	169
school experience.	170

(5) The student successfully completes, at a minimum, the	171
curriculum prescribed in division (B) of this section.	172

The department of education, in collaboration with the	173
chancellor, shall analyze student performance data to determine if	174
there are mitigating factors that warrant extending the exception	175
permitted by division (D) of this section to high school classes	176
beyond those entering ninth grade before July 1, 2014. The	177
department shall submit its findings and any recommendations not	178
later than August 1, 2014, to the speaker and minority leader of	179
the house of representatives, the president and minority leader of	180
the senate, the chairpersons and ranking minority members of the	181
standing committees of the house of representatives and the senate	182
that consider education legislation, the state board of education,	183
and the superintendent of public instruction.	184

(E) Each school district and chartered nonpublic school	185
retains the authority to require an even more rigorous minimum	186
curriculum for high school graduation than specified in division	187
(B) or (C) of this section. A school district board of education,	188
through the adoption of a resolution, or the governing authority	189
of a chartered nonpublic school may stipulate any of the	190
following:	191

(1) A minimum high school curriculum that requires more than	192
twenty units of academic credit to graduate;	193

(2) An exception to the district's or school's minimum high	194
school curriculum that is comparable to the exception provided in	195
division (D) of this section but with additional requirements,	196
which may include a requirement that the student successfully	197
complete more than the minimum curriculum prescribed in division	198
(B) of this section;	199

(3) That no exception comparable to that provided in division	200
(D) of this section is available.	201

(F) A student enrolled in a dropout prevention and recovery	202
program, which program has received a waiver from the department,	203
may qualify for graduation from high school by successfully	204
completing a competency-based instructional program administered	205
by the dropout prevention and recovery program in lieu of	206
completing the Ohio core curriculum prescribed in division (C) of	207
this section. The department shall grant a waiver to a dropout	208
prevention and recovery program, within sixty days after the	209
program applies for the waiver, if the program meets all of the	210
following conditions:	211

(1) The program serves only students not younger than sixteen	212
years of age and not older than twenty-one years of age.	213

(2) The program enrolls students who, at the time of their	214
initial enrollment, either, or both, are at least one grade level	215
behind their cohort age groups or experience crises that	216
significantly interfere with their academic progress such that	217
they are prevented from continuing their traditional programs.	218

(3) The program requires students to attain at least the	219
applicable score designated for each of the assessments prescribed	220
under division (B)(1) of section 3301.0710 of the Revised Code or,	221
to the extent prescribed by rule of the state board under division	222
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2)	223
of that section.	224

(4) The program develops an individual career plan for the	225
student that specifies the student's matriculating to a two-year	226
degree program, acquiring a business and industry credential, or	227
entering an apprenticeship.	228

(5) The program provides counseling and support for the	229
student related to the plan developed under division (F)(4) of	230
this section during the remainder of the student's high school	231
experience.	232

(6) The program requires the student and the student's	233
parent, guardian, or custodian to sign and file, in accordance	234
with procedural requirements stipulated by the program, a written	235
statement asserting the parent's, guardian's, or custodian's	236
consent to the student's graduating without completing the Ohio	237
core curriculum and acknowledging that one consequence of not	238
completing the Ohio core curriculum is ineligibility to enroll in	239
most state universities in Ohio without further coursework.	240

(7) Prior to receiving the waiver, the program has submitted	241
to the department an instructional plan that demonstrates how the	242
academic content standards adopted by the state board under	243
section 3301.079 of the Revised Code will be taught and assessed.	244

If the department does not act either to grant the waiver or	245
to reject the program application for the waiver within sixty days	246
as required under this section, the waiver shall be considered to	247
be granted.	248

(G) Every high school may permit students below the ninth	249
grade to take advanced work. If a high school so permits, it shall	250
award high school credit for successful completion of the advanced	251
work and shall count such advanced work toward the graduation	252
requirements of division (B) or (C) of this section if the	253
advanced work was both:	254

(1) Taught by a person who possesses a license or certificate	255
issued under section 3301.071, 3319.22, or 3319.222 of the Revised	256
Code that is valid for teaching high school;	257

(2) Designated by the board of education of the city, local,	258
or exempted village school district, the board of the cooperative	259
education school district, or the governing authority of the	260
chartered nonpublic school as meeting the high school curriculum	261
requirements.	262

Each high school shall record on the student's high school	263
transcript all high school credit awarded under division (G) of	264
this section. In addition, if the student completed a seventh- or	265
eighth-grade fine arts course described in division (K) of this	266
section and the course qualified for high school credit under that	267
division, the high school shall record that course on the	268
student's high school transcript.	269

(H) The department shall make its individual academic career	270
plan available through its Ohio career information system web site	271
for districts and schools to use as a tool for communicating with	272
and providing guidance to students and families in selecting high	273
school courses.	274

(I) Units earned in English language arts, mathematics,	275
science, and social studies that are delivered through integrated	276
academic and career-technical instruction are eligible to meet the	277
graduation requirements of division (B) or (C) of this section.	278

(J) The state board, in consultation with the chancellor,	279
shall adopt a statewide plan implementing methods for students to	280
earn units of high school credit based on a demonstration of	281
subject area competency, instead of or in combination with	282
completing hours of classroom instruction. The state board shall	283
adopt the plan not later than March 31, 2009, and commence phasing	284
in the plan during the 2009-2010 school year. The plan shall	285
include a standard method for recording demonstrated proficiency	286
on high school transcripts. Each school district and community	287
school shall comply with the state board's plan adopted under this	288
division and award units of high school credit in accordance with	289
the plan. The state board may adopt existing methods for earning	290
high school credit based on a demonstration of subject area	291
competency as necessary prior to the 2009-2010 school year.	292

(K) This division does not apply to students who qualify for	293
graduation from high school under division (D) or (F) of this	294
section, or to students pursuing a career-technical instructional	295
track as determined by the school district board of education or	296
the chartered nonpublic school's governing authority.	297
Nevertheless, the general assembly encourages such students to	298
consider enrolling in a fine arts course as an elective.	299

Beginning with students who enter ninth grade for the first	300
time on or after July 1, 2010, each student enrolled in a public	301
or chartered nonpublic high school shall complete two semesters or	302
the equivalent of fine arts to graduate from high school. The	303
coursework may be completed in any of grades seven to twelve. Each	304
student who completes a fine arts course in grade seven or eight	305
may elect to count that course toward the five units of electives	306
required for graduation under division (C)(8) of this section, if	307
the course satisfied the requirements of division (G) of this	308
section. In that case, the high school shall award the student	309
high school credit for the course and count the course toward the	310
five units required under division (C)(8) of this section. If the	311
course in grade seven or eight did not satisfy the requirements of	312
division (G) of this section, the high school shall not award the	313
student high school credit for the course but shall count the	314
course toward the two semesters or the equivalent of fine arts	315
required by this division.	316

(L) Notwithstanding anything to the contrary in this section,	317
the board of education of each school district and the governing	318
authority of each chartered nonpublic school may adopt a policy to	319
excuse from the high school physical education requirement each	320
student who, during high school, has participated in	321
interscholastic athletics, marching band, a school-sponsored	322
athletic club, or cheerleading for at least two full seasons or in	323
the junior reserve officer training corps for at least two full	324
school years. If the board or authority adopts such a policy, the	325
board or authority shall not require the student to complete any	326
physical education course as a condition to graduate. However, the	327
student shall be required to complete one-half unit, consisting of	328
at least sixty hours of instruction, in another course of study.	329
In the case of a student who has participated in the junior	330
reserve officer training corps for at least two full school years,	331
credit received for that participation may be used to satisfy the	332
requirement to complete one-half unit in another course of study.	333

(M) It is important that high school students learn and	334
understand United States history and the governments of both the	335
United States and the state of Ohio. Therefore, beginning with	336
students who enter ninth grade for the first time on or after July	337
1, 2012, the study of American history and American government	338
required by divisions (B)(6) and (C)(6) of this section shall	339
include the study of all of the following documents:	340

(1) The Declaration of Independence;

341

(2) The Northwest Ordinance;

342

(3) The Constitution of the United States with emphasis on	343
the Bill of Rights;	344

(4) The Ohio Constitution.

345

The study of each of the documents prescribed in divisions	346
(M)(1) to (4) of this section shall include study of that document	347
in its original context.	348

The study of American history and government required by	349
divisions (B)(6) and (C)(6) of this section shall include the	350
historical evidence of the role of documents such as the	351
Federalist Papers and the Anti-Federalist Papers to firmly	352
establish the historical background leading to the establishment	353
of the provisions of the Constitution and Bill of Rights.	354

Section 2.  That existing section 3313.603 of the Revised	355
Code is hereby repealed.	356