Bill Text: OH HB193 | 2013-2014 | 130th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: That is scheduled to take effect July 1, 2014, to continue the provisions of this act on or after that effective date.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2014-01-23 - To Education [HB193 Detail]

Download: Ohio-2013-HB193-Comm_Sub.html
As Reported by the House Education Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 193


Representative Brenner 

Cosponsor: Representative Bishoff 



A BILL
To amend sections 3301.079, 3301.0710, 3301.0711, 1
3301.0712, 3301.16, 3302.02, 3302.03, 3302.031, 2
3310.14, 3310.522, 3313.532, 3313.603, 3313.61, 3
3313.611, 3313.612, 3313.614, 3313.615, 3313.976, 4
3314.017, 3314.03, 3314.36, 3325.08, 3326.11, 5
3328.24, 3328.25, 3329.07, 3329.08, and 3333.123 6
and to enact sections 3301.946, 3302.036, 7
3313.618, 3314.019, 3329.081, and 3329.082 of the 8
Revised Code with respect to state academic 9
achievement assessments and high school graduation 10
requirements; to amend the version of section 11
3326.11 of the Revised Code that is scheduled to 12
take effect July 1, 2014, to continue the 13
provisions of this act on or after that effective 14
date. 15


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

       Section 1. That sections 3301.079, 3301.0710, 3301.0711, 16
3301.0712, 3301.16, 3302.02, 3302.03, 3302.031, 3310.14, 3310.522, 17
3313.532, 3313.603, 3313.61, 3313.611, 3313.612, 3313.614, 18
3313.615, 3313.976, 3314.017, 3314.03, 3314.36, 3325.08, 3326.11, 19
3328.24, 3328.25, 3329.07, 3329.08, and 3333.123 be amended and 20
sections 3301.946, 3302.036, 3313.618, 3314.019, 3329.081, and 21
3329.082 of the Revised Code be enacted to read as follows:22

       Sec. 3301.079.  (A)(1) The state board of education 23
periodically shall adopt statewide academic standards with 24
emphasis on coherence, focus, and rigor for each of grades 25
kindergarten through twelve in English language arts, mathematics, 26
science, and social studies. Prior to adopting or revising any 27
academic content standards under division (A) of this section on 28
or after the effective date of this amendment, the state board 29
shall hold not less than three public hearings that allow public 30
comment and testimony on the proposed academic standards or 31
revisions. Not less than fourteen days prior to each public 32
hearing, the state board shall provide notice of the hearing to 33
all school districts, all public and chartered nonpublic schools, 34
the news media, the governor, and all members of the general 35
assembly. The notice shall also be posted in a prominent location 36
on the department of education's web site.37

       (a) The standards shall specify the following:38

       (i) The core academic content and skills that students are 39
expected to know and be able to do at each grade level that will 40
allow each student to be prepared for postsecondary instruction 41
and the workplace for success in the twenty-first century;42

       (ii) The development of skill sets that promote information, 43
media, and technological literacy;44

       (iii) Interdisciplinary, project-based, real-world learning 45
opportunities.46

       (b) Not later than July 1, 2012, the state board shall 47
incorporate into the social studies standards for grades four to 48
twelve academic content regarding the original texts of the 49
Declaration of Independence, the Northwest Ordinance, the 50
Constitution of the United States and its amendments, with 51
emphasis on the Bill of Rights, and the Ohio Constitution, and 52
their original context. The state board shall revise the model 53
curricula and achievement assessments adopted under divisions (B) 54
and (C) of this section as necessary to reflect the additional 55
American history and American government content. The state board 56
shall make available a list of suggested grade-appropriate 57
supplemental readings that place the documents prescribed by this 58
division in their historical context, which teachers may use as a 59
resource to assist students in reading the documents within that 60
context.61

       (2) After completing the standards required by division 62
(A)(1) of this section, the state board shall adopt standards and 63
model curricula for instruction in technology, financial literacy 64
and entrepreneurship, fine arts, and foreign language for grades 65
kindergarten through twelve. The standards shall meet the same 66
requirements prescribed in division (A)(1)(a) of this section. 67

       (3) The state board shall adopt the most recent standards 68
developed by the national association for sport and physical 69
education for physical education in grades kindergarten through 70
twelve or shall adopt its own standards for physical education in 71
those grades and revise and update them periodically. 72

       The department of education shall employ a full-time physical 73
education coordinator to provide guidance and technical assistance 74
to districts, community schools, and STEM schools in implementing 75
the physical education standards adopted under this division. The 76
superintendent of public instruction shall determine that the 77
person employed as coordinator is qualified for the position, as 78
demonstrated by possessing an adequate combination of education, 79
license, and experience.80

       (4) When academic standards have been completed for any 81
subject area required by this section, the state board shall 82
inform all school districts, all community schools established 83
under Chapter 3314. of the Revised Code, all STEM schools 84
established under Chapter 3326. of the Revised Code, and all 85
nonpublic schools required to administer the assessments 86
prescribed by sections 3301.0710 and 3301.0712 of the Revised Code 87
of the content of those standards.88

       (B)(1) The state board shall adopt a model curriculum for 89
instruction in each subject area for which updated academic 90
standards are required by division (A)(1) of this section and for 91
each of grades kindergarten through twelve that is sufficient to 92
meet the needs of students in every community. The model 93
curriculum shall be aligned with the standards, to ensure that the 94
academic content and skills specified for each grade level are 95
taught to students, and shall demonstrate vertical articulation 96
and emphasize coherence, focus, and rigor. When any model 97
curriculum has been completed, the state board shall inform all 98
school districts, community schools, and STEM schools of the 99
content of that model curriculum.100

       (2) Not later than June 30, 2013, the state board, in 101
consultation with any office housed in the governor's office that 102
deals with workforce development, shall adopt model curricula for 103
grades kindergarten through twelve that embed career connection 104
learning strategies into regular classroom instruction.105

       (3) All school districts, community schools, and STEM schools 106
may utilize the state standards and the model curriculum 107
established by the state board, together with other relevant 108
resources, examples, or models to ensure that students have the 109
opportunity to attain the academic standards. Upon request, the 110
department shall provide technical assistance to any district, 111
community school, or STEM school in implementing the model 112
curriculum.113

       Nothing in this section requires any school district to 114
utilize all or any part of a model curriculum developed under this 115
section.116

       (C) The state board shall develop achievement assessments 117
aligned with the academic standards and model curriculum for each 118
of the subject areas and grade levels required by divisions (A)(1) 119
and (B)(1) of section 3301.0710 of the Revised Code.120

       When any achievement assessment has been completed, the state 121
board shall inform all school districts, community schools, STEM 122
schools, and nonpublic schools required to administer the 123
assessment of its completion, and the department shall make the 124
achievement assessment available to the districts and schools. 125

       (D)(1) The state board shall adopt a diagnostic assessment 126
aligned with the academic standards and model curriculum for each 127
of grades kindergarten through two in reading, writing, and 128
mathematics and for grade three in reading and writing. The 129
diagnostic assessment shall be designed to measure student 130
comprehension of academic content and mastery of related skills 131
for the relevant subject area and grade level. Any diagnostic 132
assessment shall not include components to identify gifted 133
students. Blank copies of diagnostic assessments shall be public 134
records.135

       (2) When each diagnostic assessment has been completed, the 136
state board shall inform all school districts of its completion 137
and the department shall make the diagnostic assessment available 138
to the districts at no cost to the district. School districts 139
shall administer the diagnostic assessment pursuant to section 140
3301.0715 of the Revised Code beginning the first school year 141
following the development of the assessment.142

       (E) The state board shall not adopt a diagnostic or 143
achievement assessment for any grade level or subject area other 144
than those specified in this section.145

       (F) WheneverWhen the state board or the department consults 146
with persons for the purpose of drafting or reviewingdrafts or 147
conducts a review of any standards, diagnostic assessments, 148
achievement assessments, or model curriculum required under this 149
section, the state board or the department shall first consult 150
with parents of students in kindergarten through twelfth grade and 151
with active Ohio, currently employed classroom teachers, other 152
school personnel, and administrators with expertise in the 153
appropriate subject area, and representatives of higher education. 154
Whenever practicable, the state board and department shall consult 155
with teachers recognized as outstanding in their fields.156

       If the department contracts with more than one outside entity 157
for the development of the achievement assessments required by 158
this section, the department shall ensure the interchangeability 159
of those assessments.160

       (G) Whenever the state board adopts standards or model 161
curricula under this section, the department also shall provide 162
information on the use of blended or digital learning in the 163
delivery of the standards or curricula to students in accordance 164
with division (A)(4) of this section. 165

       (H) The fairness sensitivity review committee, established by 166
rule of the state board of education, shall not allow any question 167
on any achievement or diagnostic assessment developed under this 168
section or any proficiency test prescribed by former section 169
3301.0710 of the Revised Code, as it existed prior to September 170
11, 2001, to include, be written to promote, or inquire as to 171
individual moral or social values or beliefs. The decision of the 172
committee shall be final. This section does not create a private 173
cause of action.174

       (I) Not later than forty-five days prior to the adoption by 175
the state board of updated academic standards under division 176
(A)(1) of this section or updated model curricula under division 177
(B)(1) of this section, the superintendent of public instruction 178
shall present the academic standards or model curricula, as 179
applicable, to the respective committees of the house of 180
representatives and senate that consider education legislation.181

       (J) As used in this section:182

       (1) "Blended learning" means the delivery of instruction in a 183
combination of time in a supervised physical location away from 184
home and online delivery whereby the student has some element of 185
control over time, place, path, or pace of learning. 186

       (2) "Coherence" means a reflection of the structure of the 187
discipline being taught.188

       (3) "Digital learning" means learning facilitated by 189
technology that gives students some element of control over time, 190
place, path, or pace of learning.191

       (4) "Focus" means limiting the number of items included in a 192
curriculum to allow for deeper exploration of the subject matter. 193

       (5) "Rigor" means more challenging and demanding when 194
compared to international standards.195

       (6) "Vertical articulation" means key academic concepts and 196
skills associated with mastery in particular content areas should 197
be articulated and reinforced in a developmentally appropriate 198
manner at each grade level so that over time students acquire a 199
depth of knowledge and understanding in the core academic 200
disciplines.201

       Sec. 3301.0710.  The state board of education shall adopt 202
rules establishing a statewide program to assess student 203
achievement. The state board shall ensure that all assessments 204
administered under the program are aligned with the academic 205
standards and model curricula adopted by the state board and are 206
created with input from Ohio parents, Ohio classroom teachers, 207
Ohio school administrators, and other Ohio school personnel 208
pursuant to section 3301.079 of the Revised Code.209

       The assessment program shall be designed to ensure that 210
students who receive a high school diploma demonstrate at least 211
high school levels of achievement in English language arts, 212
mathematics, science, and social studies.213

       (A)(1) The state board shall prescribe all of the following:214

       (a) Two statewide achievement assessments, one each designed 215
to measure the level of English language arts and mathematics 216
skill expected at the end of third grade;217

       (b) Three statewide achievement assessments, one each 218
designed to measure the level of English language arts, 219
mathematics, and social studies skill expected at the end of 220
fourth grade;221

       (c) Three statewide achievement assessments, one each 222
designed to measure the level of English language arts, 223
mathematics, and science skill expected at the end of fifth grade;224

       (d) Three statewide achievement assessments, one each 225
designed to measure the level of English language arts, 226
mathematics, and social studies skill expected at the end of sixth 227
grade;228

       (e) Two statewide achievement assessments, one each designed 229
to measure the level of English language arts and mathematics 230
skill expected at the end of seventh grade;231

        (f) Three statewide achievement assessments, one each 232
designed to measure the level of English language arts, 233
mathematics, and science skill expected at the end of eighth 234
grade.235

       (2) The state board shall determine and designate at least 236
five ranges of scores on each of the achievement assessments 237
described in divisions (A)(1) and (B)(1) of this section. Each 238
range of scores shall be deemed to demonstrate a level of 239
achievement so that any student attaining a score within such 240
range has achieved one of the following:241

       (a) An advancedA superior level of skill;242

       (b) An acceleratedA commended level of skill;243

       (c) A proficient level of skill;244

       (d) A basic level of skill;245

       (e) A limited level of skill.246

       (3) For the purpose of implementing division (A) of section 247
3313.608 of the Revised Code, the state board shall determine and 248
designate a level of achievement, not lower than the level 249
designated in division (A)(2)(e) of this section, on the third 250
grade English language arts assessment for a student to be 251
promoted to the fourth grade. The state board shall review and 252
adjust upward the level of achievement designated under this 253
division each year the test is administered until the level is set 254
equal to the level designated in division (A)(2)(c) of this 255
section.256

       (B)(1) The assessments prescribed under division (B)(1) of 257
this section shall collectively be known as the Ohio graduation 258
tests. The state board shall prescribe five statewide high school 259
achievement assessments, one each designed to measure the level of 260
reading, writing, mathematics, science, and social studies skill 261
expected at the end of tenth grade. The state board shall 262
designate a score in at least the range designated under division 263
(A)(2)(c) of this section on each such assessment that shall be 264
deemed to be a passing score on the assessment as a condition 265
toward granting high school diplomas under sections 3313.61, 266
3313.611, 3313.612, and 3325.08 of the Revised Code until the 267
assessment system prescribed by section 3301.0712 of the Revised 268
Code is implemented in accordance with rules adopted by the state 269
board under division (D)(G) of that section.270

       (2) The state board shall prescribe an assessment system in 271
accordance with section 3301.0712 of the Revised Code that shall 272
replace the Ohio graduation tests in the manner prescribed by 273
rules adopted by the state board under division (D)(G) of that 274
section.275

       (3) The state board may enter into a reciprocal agreement 276
with the appropriate body or agency of any other state that has 277
similar statewide achievement assessment requirements for 278
receiving high school diplomas, under which any student who has 279
met an achievement assessment requirement of one state is 280
recognized as having met the similar requirement of the other 281
state for purposes of receiving a high school diploma. For 282
purposes of this section and sections 3301.0711 and 3313.61 of the 283
Revised Code, any student enrolled in any public high school in 284
this state who has met an achievement assessment requirement 285
specified in a reciprocal agreement entered into under this 286
division shall be deemed to have attained at least the applicable 287
score designated under this division on each assessment required 288
by division (B)(1) or (2) of this section that is specified in the 289
agreement.290

       (C) The superintendent of public instruction shall designate 291
dates and times for the administration of the assessments 292
prescribed by divisions (A) and (B) of this section.293

       In prescribing administration dates pursuant to this 294
division, the superintendent shall designate the dates in such a 295
way as to allow a reasonable length of time between the 296
administration of assessments prescribed under this section and 297
any administration of the national assessment of educational 298
progress given to students in the same grade level pursuant to 299
section 3301.27 of the Revised Code or federal law.300

       (D) The state board shall prescribe a practice version of 301
each Ohio graduation test described in division (B)(1) of this 302
section that is of comparable length to the actual test.303

       (E) Any committee established by the department of education 304
for the purpose of making recommendations to the state board 305
regarding the state board's designation of scores on the 306
assessments described by this section shall inform the state board 307
of the probable percentage of students who would score in each of 308
the ranges established under division (A)(2) of this section on 309
the assessments if the committee's recommendations are adopted by 310
the state board. To the extent possible, these percentages shall 311
be disaggregated by gender, major racial and ethnic groups, 312
limited English proficient students, economically disadvantaged 313
students, students with disabilities, and migrant students.314

       Sec. 3301.0711.  (A) The department of education shall:315

       (1) Annually furnish to, grade, and score all assessments 316
required by divisions (A)(1) and (B)(1) of section 3301.0710 of 317
the Revised Code to be administered by city, local, exempted 318
village, and joint vocational school districts, except that each 319
district shall score any assessment administered pursuant to 320
division (B)(10) of this section. Each assessment so furnished 321
shall include the data verification code of the student to whom 322
the assessment will be administered, as assigned pursuant to 323
division (D)(2) of section 3301.0714 of the Revised Code. In 324
furnishing the practice versions of Ohio graduation tests 325
prescribed by division (D) of section 3301.0710 of the Revised 326
Code, the department shall make the tests available on its web 327
site for reproduction by districts. In awarding contracts for 328
grading assessments, the department shall give preference to 329
Ohio-based entities employing Ohio residents.330

       (2) Adopt rules for the ethical use of assessments and 331
prescribing the manner in which the assessments prescribed by 332
section 3301.0710 of the Revised Code shall be administered to 333
students.334

       (B) Except as provided in divisions (C) and (J) of this 335
section, the board of education of each city, local, and exempted 336
village school district shall, in accordance with rules adopted 337
under division (A) of this section:338

       (1) Administer the English language arts assessments 339
prescribed under division (A)(1)(a) of section 3301.0710 of the 340
Revised Code twice annually to all students in the third grade who 341
have not attained the score designated for that assessment under 342
division (A)(2)(c) of section 3301.0710 of the Revised Code.343

       (2) Administer the mathematics assessment prescribed under 344
division (A)(1)(a) of section 3301.0710 of the Revised Code at 345
least once annually to all students in the third grade.346

       (3) Administer the assessments prescribed under division 347
(A)(1)(b) of section 3301.0710 of the Revised Code at least once 348
annually to all students in the fourth grade.349

       (4) Administer the assessments prescribed under division 350
(A)(1)(c) of section 3301.0710 of the Revised Code at least once 351
annually to all students in the fifth grade.352

       (5) Administer the assessments prescribed under division 353
(A)(1)(d) of section 3301.0710 of the Revised Code at least once 354
annually to all students in the sixth grade.355

       (6) Administer the assessments prescribed under division 356
(A)(1)(e) of section 3301.0710 of the Revised Code at least once 357
annually to all students in the seventh grade.358

       (7) Administer the assessments prescribed under division 359
(A)(1)(f) of section 3301.0710 of the Revised Code at least once 360
annually to all students in the eighth grade.361

       (8) Except as provided in division (B)(9) of this section, 362
administer any assessment prescribed under division (B)(1) of 363
section 3301.0710 of the Revised Code as follows:364

       (a) At least once annually to all tenth grade students and at 365
least twice annually to all students in eleventh or twelfth grade 366
who have not yet attained the score on that assessment designated 367
under that division;368

       (b) To any person who has successfully completed the 369
curriculum in any high school or the individualized education 370
program developed for the person by any high school pursuant to 371
section 3323.08 of the Revised Code but has not received a high 372
school diploma and who requests to take such assessment, at any 373
time such assessment is administered in the district.374

       (9) In lieu of the board of education of any city, local, or 375
exempted village school district in which the student is also 376
enrolled, the board of a joint vocational school district shall 377
administer any assessment prescribed under division (B)(1) of 378
section 3301.0710 of the Revised Code at least twice annually to 379
any student enrolled in the joint vocational school district who 380
has not yet attained the score on that assessment designated under 381
that division. A board of a joint vocational school district may 382
also administer such an assessment to any student described in 383
division (B)(8)(b) of this section.384

       (10) If the district has a three-year average graduation rate 385
of not more than seventy-five per cent, administer each assessment 386
prescribed by division (D) of section 3301.0710 of the Revised 387
Code in September to all ninth grade students, beginning in the 388
school year that starts July 1, 2005.389

       Except as provided in section 3313.614 of the Revised Code 390
for administration of an assessment to a person who has fulfilled 391
the curriculum requirement for a high school diploma but has not 392
passed one or more of the required assessments, the assessments 393
prescribed under division (B)(1) of section 3301.0710 of the 394
Revised Code and the practice assessments prescribed under 395
division (D) of that section and required to be administered under 396
divisions (B)(8), (9), and (10) of this section shall not be 397
administered after the assessment system prescribed by division 398
(B)(2) of section 3301.0710 and section 3301.0712 of the Revised 399
Code is implemented under rule of the state board adopted under 400
division (D)(1) of section 3301.0712 of the Revised CodeJuly 1, 401
2016. 402

       (11) Administer the assessments prescribed by division (B)(2) 403
of section 3301.0710 and section 3301.0712 of the Revised Code in 404
accordance with the timeline and plan for implementation of those 405
assessments prescribed by rule of the state board adopted under 406
division (D)(G)(1) of section 3301.0712 of the Revised Code.407

       (C)(1)(a) In the case of a student receiving special 408
education services under Chapter 3323. of the Revised Code, the 409
individualized education program developed for the student under 410
that chapter shall specify the manner in which the student will 411
participate in the assessments administered under this section. 412
The individualized education program may excuse the student from 413
taking any particular assessment required to be administered under 414
this section if it instead specifies an alternate assessment 415
method approved by the department of education as conforming to 416
requirements of federal law for receipt of federal funds for 417
disadvantaged pupils. To the extent possible, the individualized 418
education program shall not excuse the student from taking an 419
assessment unless no reasonable accommodation can be made to 420
enable the student to take the assessment.421

       (b) Any alternate assessment approved by the department for a 422
student under this division shall produce measurable results 423
comparable to those produced by the assessment it replaces in 424
order to allow for the student's results to be included in the 425
data compiled for a school district or building under section 426
3302.03 of the Revised Code.427

       (c) Any student enrolled in a chartered nonpublic school who 428
has been identified, based on an evaluation conducted in 429
accordance with section 3323.03 of the Revised Code or section 504 430
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. 431
794, as amended, as a child with a disability shall be excused 432
from taking any particular assessment required to be administered 433
under this section if a plan developed for the student pursuant to 434
rules adopted by the state board excuses the student from taking 435
that assessment. In the case of any student so excused from taking 436
an assessment, the chartered nonpublic school shall not prohibit 437
the student from taking the assessment.438

       (2) A district board may, for medical reasons or other good 439
cause, excuse a student from taking an assessment administered 440
under this section on the date scheduled, but that assessment 441
shall be administered to the excused student not later than nine 442
days following the scheduled date. The district board shall 443
annually report the number of students who have not taken one or 444
more of the assessments required by this section to the state 445
board of education not later than the thirtieth day of June.446

       (3) As used in this division, "limited English proficient 447
student" has the same meaning as in 20 U.S.C. 7801.448

       No school district board shall excuse any limited English 449
proficient student from taking any particular assessment required 450
to be administered under this section, except that any limited 451
English proficient student who has been enrolled in United States 452
schools for less than one full school year shall not be required 453
to take any reading, writing, or English language arts assessment. 454
However, no board shall prohibit a limited English proficient 455
student who is not required to take an assessment under this 456
division from taking the assessment. A board may permit any 457
limited English proficient student to take an assessment required 458
to be administered under this section with appropriate 459
accommodations, as determined by the department. For each limited 460
English proficient student, each school district shall annually 461
assess that student's progress in learning English, in accordance 462
with procedures approved by the department.463

       The governing authority of a chartered nonpublic school may 464
excuse a limited English proficient student from taking any 465
assessment administered under this section. However, no governing 466
authority shall prohibit a limited English proficient student from 467
taking the assessment.468

       (D)(1) In the school year next succeeding the school year in 469
which the assessments prescribed by division (A)(1) or (B)(1) of 470
section 3301.0710 of the Revised Code or former division (A)(1), 471
(A)(2), or (B) of section 3301.0710 of the Revised Code as it 472
existed prior to September 11, 2001, are administered to any 473
student, the board of education of any school district in which 474
the student is enrolled in that year shall provide to the student 475
intervention services commensurate with the student's performance, 476
including any intensive intervention required under section 477
3313.608 of the Revised Code, in any skill in which the student 478
failed to demonstrate at least a score at the proficient level on 479
the assessment.480

       (2) Following any administration of the assessments 481
prescribed by division (D) of section 3301.0710 of the Revised 482
Code to ninth grade students, each school district that has a 483
three-year average graduation rate of not more than seventy-five 484
per cent shall determine for each high school in the district 485
whether the school shall be required to provide intervention 486
services to any students who took the assessments. In determining 487
which high schools shall provide intervention services based on 488
the resources available, the district shall consider each school's 489
graduation rate and scores on the practice assessments. The 490
district also shall consider the scores received by ninth grade 491
students on the English language arts and mathematics assessments 492
prescribed under division (A)(1)(f) of section 3301.0710 of the 493
Revised Code in the eighth grade in determining which high schools 494
shall provide intervention services.495

       Each high school selected to provide intervention services 496
under this division shall provide intervention services to any 497
student whose results indicate that the student is failing to make 498
satisfactory progress toward being able to attain scores at the 499
proficient level on the Ohio graduation tests. Intervention 500
services shall be provided in any skill in which a student 501
demonstrates unsatisfactory progress and shall be commensurate 502
with the student's performance. Schools shall provide the 503
intervention services prior to the end of the school year, during 504
the summer following the ninth grade, in the next succeeding 505
school year, or at any combination of those times.506

       (E) Except as provided in section 3313.608 of the Revised 507
Code and division (M) of this section, no school district board of 508
education shall utilize any student's failure to attain a 509
specified score on an assessment administered under this section 510
as a factor in any decision to deny the student promotion to a 511
higher grade level. However, a district board may choose not to 512
promote to the next grade level any student who does not take an 513
assessment administered under this section or make up an 514
assessment as provided by division (C)(2) of this section and who 515
is not exempt from the requirement to take the assessment under 516
division (C)(3) of this section.517

       (F) No person shall be charged a fee for taking any 518
assessment administered under this section.519

       (G)(1) Each school district board shall designate one 520
location for the collection of assessments administered in the 521
spring under division (B)(1) of this section and those 522
administered under divisions (B)(2) to (7) of this section. Each 523
district board shall submit the assessments to the entity with 524
which the department contracts for the scoring of the assessments 525
as follows:526

        (a) If the district's total enrollment in grades kindergarten 527
through twelve during the first full school week of October was 528
less than two thousand five hundred, not later than the Friday 529
after all of the assessments have been administered;530

       (b) If the district's total enrollment in grades kindergarten 531
through twelve during the first full school week of October was 532
two thousand five hundred or more, but less than seven thousand, 533
not later than the Monday after all of the assessments have been 534
administered;535

        (c) If the district's total enrollment in grades kindergarten 536
through twelve during the first full school week of October was 537
seven thousand or more, not later than the Tuesday after all of 538
the assessments have been administered.539

        However, any assessment that a student takes during the 540
make-up period described in division (C)(2) of this section shall 541
be submitted not later than the Friday following the day the 542
student takes the assessment.543

        (2) The department or an entity with which the department 544
contracts for the scoring of the assessment shall send to each 545
school district board a list of the individual scores of all 546
persons taking an assessment prescribed by division (A)(1) or 547
(B)(1) of section 3301.0710 of the Revised Code within sixty days 548
after its administration, but in no case shall the scores be 549
returned later than the fifteenth day of June following the 550
administration. For assessments administered under this section by 551
a joint vocational school district, the department or entity shall 552
also send to each city, local, or exempted village school district 553
a list of the individual scores of any students of such city, 554
local, or exempted village school district who are attending 555
school in the joint vocational school district.556

       (H) Individual scores on any assessments administered under 557
this section shall be released by a district board only in 558
accordance with section 3319.321 of the Revised Code and the rules 559
adopted under division (A) of this section. No district board or 560
its employees shall utilize individual or aggregate results in any 561
manner that conflicts with rules for the ethical use of 562
assessments adopted pursuant to division (A) of this section.563

       (I) Except as provided in division (G) of this section, the 564
department or an entity with which the department contracts for 565
the scoring of the assessment shall not release any individual 566
scores on any assessment administered under this section. The 567
state board of education shall adopt rules to ensure the 568
protection of student confidentiality at all times. The rules may 569
require the use of the data verification codes assigned to 570
students pursuant to division (D)(2) of section 3301.0714 of the 571
Revised Code to protect the confidentiality of student scores.572

       (J) Notwithstanding division (D) of section 3311.52 of the 573
Revised Code, this section does not apply to the board of 574
education of any cooperative education school district except as 575
provided under rules adopted pursuant to this division.576

       (1) In accordance with rules that the state board of 577
education shall adopt, the board of education of any city, 578
exempted village, or local school district with territory in a 579
cooperative education school district established pursuant to 580
divisions (A) to (C) of section 3311.52 of the Revised Code may 581
enter into an agreement with the board of education of the 582
cooperative education school district for administering any 583
assessment prescribed under this section to students of the city, 584
exempted village, or local school district who are attending 585
school in the cooperative education school district.586

       (2) In accordance with rules that the state board of 587
education shall adopt, the board of education of any city, 588
exempted village, or local school district with territory in a 589
cooperative education school district established pursuant to 590
section 3311.521 of the Revised Code shall enter into an agreement 591
with the cooperative district that provides for the administration 592
of any assessment prescribed under this section to both of the 593
following:594

       (a) Students who are attending school in the cooperative 595
district and who, if the cooperative district were not 596
established, would be entitled to attend school in the city, 597
local, or exempted village school district pursuant to section 598
3313.64 or 3313.65 of the Revised Code;599

       (b) Persons described in division (B)(8)(b) of this section.600

       Any assessment of students pursuant to such an agreement 601
shall be in lieu of any assessment of such students or persons 602
pursuant to this section.603

       (K)(1)(a) Except as otherwise provided in division (K)(1)(a) 604
of this section, each chartered nonpublic school for which at 605
least sixty-five per cent of its total enrollment is made up of 606
students who are participating in state scholarship programs shall 607
administer the applicable elementary assessments prescribed by 608
division (A) of section 3301.0710 of the Revised Code. In 609
accordance with procedures and deadlines prescribed by the 610
department, the parent or guardian of a student enrolled in the 611
school who is not participating in a state scholarship program may 612
submit notice to the chief administrative officer of the school 613
that the parent or guardian does not wish to have the student take 614
the elementary assessments prescribed for the student's grade 615
level under division (A) of section 3301.0710 of the Revised Code. 616
If a parent or guardian submits an opt-out notice, the school 617
shall not administer the assessments to that student. This option 618
does not apply to any assessment required for a high school 619
diploma under section 3313.612 of the Revised Code.620

       (b) If a chartered nonpublic school is not subject to 621
division (K)(1)(a) of this section and is educating students in 622
grades nine through twelve, it shall administer the applicable623
assessments prescribed by divisionsdivision (B)(1) and (2) of 624
section 3301.0710 or division (B) of section 3301.0712 of the 625
Revised Code as a condition of compliance with section 3313.612 of 626
the Revised Code. Any627

       (c) Any chartered nonpublic school that is not subject to 628
division (K)(1)(a) of this section may participate in the 629
assessment program by administering any of the assessments 630
prescribed by division (A) of section 3301.0710 of the Revised 631
Code. The chief administrator of the school shall specify which 632
assessments the school will administer. Such specification shall 633
be made in writing to the superintendent of public instruction 634
prior to the first day of August of any school year in which 635
assessments are administered and shall include a pledge that the 636
nonpublic school will administer the specified assessments in the 637
same manner as public schools are required to do under this 638
section and rules adopted by the department.639

       (2) The department of education shall furnish the applicable640
assessments prescribed by section 3301.0710 or 3301.0712 of the 641
Revised Code to each chartered nonpublic school that is subject to 642
division (K)(1)(a) of this section or participatesfor 643
administration by the school under division (K)(1)(b) of this 644
section.645

       (L)(1) The superintendent of the state school for the blind 646
and the superintendent of the state school for the deaf shall 647
administer the assessments described by sections 3301.0710 and 648
3301.0712 of the Revised Code. Each superintendent shall 649
administer the assessments in the same manner as district boards 650
are required to do under this section and rules adopted by the 651
department of education and in conformity with division (C)(1)(a) 652
of this section.653

       (2) The department of education shall furnish the assessments 654
described by sections 3301.0710 and 3301.0712 of the Revised Code 655
to each superintendent.656

       (M) Notwithstanding division (E) of this section, a school 657
district may use a student's failure to attain a score in at least 658
the proficient range on the mathematics assessment described by 659
division (A)(1)(a) of section 3301.0710 of the Revised Code or on 660
an assessment described by division (A)(1)(b), (c), (d), (e), or 661
(f) of section 3301.0710 of the Revised Code as a factor in 662
retaining that student in the current grade level.663

       (N)(1) In the manner specified in divisions (N)(3) and (4) of 664
this section, the assessments required by division (A)(1) of 665
section 3301.0710 of the Revised Code shall become public records 666
pursuant to section 149.43 of the Revised Code on the first day of 667
July following the school year that the assessments were 668
administered.669

       (2) The department may field test proposed questions with 670
samples of students to determine the validity, reliability, or 671
appropriateness of questions for possible inclusion in a future 672
year's assessment. The department also may use anchor questions on 673
assessments to ensure that different versions of the same 674
assessment are of comparable difficulty.675

       Field test questions and anchor questions shall not be 676
considered in computing scores for individual students. Field test 677
questions and anchor questions may be included as part of the 678
administration of any assessment required by division (A)(1) or 679
(B)(1) of section 3301.0710 and division (B) of section 3301.0712680
of the Revised Code.681

       (3) Any field test question or anchor question administered 682
under division (N)(2) of this section shall not be a public 683
record. Such field test questions and anchor questions shall be 684
redacted from any assessments which are released as a public 685
record pursuant to division (N)(1) of this section.686

       (4) This division applies to the assessments prescribed by 687
division (A) of section 3301.0710 of the Revised Code.688

       (a) The first administration of each assessment, as specified 689
in former section 3301.0712 of the Revised Code, shall be a public 690
record.691

       (b) For subsequent administrations of each assessment prior 692
to the 2011-2012 school year, not less than forty per cent of the 693
questions on the assessment that are used to compute a student's 694
score shall be a public record. The department shall determine 695
which questions will be needed for reuse on a future assessment 696
and those questions shall not be public records and shall be 697
redacted from the assessment prior to its release as a public 698
record. However, for each redacted question, the department shall 699
inform each city, local, and exempted village school district of 700
the statewide academic standard adopted by the state board of 701
education under section 3301.079 of the Revised Code and the 702
corresponding benchmark to which the question relates. The 703
preceding sentence does not apply to field test questions that are 704
redacted under division (N)(3) of this section.705

       (c) The administrations of each assessment in the 2011-2012 706
school year and later shall not be a public record.707

       (5) Each assessment prescribed by division (B)(1) of section 708
3301.0710 of the Revised Code shall not be a public record.709

       (O) As used in this section:710

        (1) "Three-year average" means the average of the most recent 711
consecutive three school years of data.712

        (2) "Dropout" means a student who withdraws from school 713
before completing course requirements for graduation and who is 714
not enrolled in an education program approved by the state board 715
of education or an education program outside the state. "Dropout" 716
does not include a student who has departed the country.717

        (3) "Graduation rate" means the ratio of students receiving a 718
diploma to the number of students who entered ninth grade four 719
years earlier. Students who transfer into the district are added 720
to the calculation. Students who transfer out of the district for 721
reasons other than dropout are subtracted from the calculation. If 722
a student who was a dropout in any previous year returns to the 723
same school district, that student shall be entered into the 724
calculation as if the student had entered ninth grade four years 725
before the graduation year of the graduating class that the 726
student joins.727

       (4) "State scholarship programs" means the educational choice 728
scholarship pilot program established under sections 3310.01 to 729
3310.17 of the Revised Code, the autism scholarship program 730
established under section 3310.41 of the Revised Code, the Jon 731
Peterson special needs scholarship program established under 732
sections 3310.51 to 3310.64 of the Revised Code, and the pilot 733
project scholarship program established under sections 3313.974 to 734
3313.979 of the Revised Code.735

       Sec. 3301.0712.  (A) The state board of education, the 736
superintendent of public instruction, and the chancellor of the 737
Ohio board of regents shall develop a system of college and work 738
ready assessments as described in divisionsdivision (B)(1) and 739
(2) of this section to assess whether each student upon graduating 740
from high school is ready to enter college or the workforce. The 741
system shall replace the Ohio graduation tests prescribed in 742
division (B)(1) of section 3301.0710 of the Revised Code as a 743
measure of student academic performance and a prerequisite forone 744
determinant of eligibility for a high school diploma in the manner 745
prescribed by rule of the state board adopted under division 746
(D)(G) of this section as follows:747

       (1) For students who have not yet entered the ninth grade on 748
July 1, 2014, and for students in grades nine through twelve who 749
wish to earn course credit under division (J)(2) of section 750
3313.603 of the Revised Code, beginning in the 2014-2015 school 751
year;752

       (2) For students who enter the ninth grade for the first time 753
on or after July 1, 2015, beginning in the 2015-2016 school year.754

       (B) The college and work ready assessment system shall 755
consist of the following:756

       (1) A nationally standardized assessment that measures 757
college and career readiness selected jointly by the state 758
superintendent and the chancellor. 759

       (2) A series of end-of-course examinations in the areas of 760
science, mathematics, English language arts, American history, and 761
American governmentas follows:762

       (a) One examination in each of the areas of science, American 763
history, and American government;764

       (b) One examination in the area of mathematics, which shall 765
be in algebra II or its equivalent;766

       (c) One examination in the area of English language arts III, 767
as designated by the state board.768

       If the superintendent of public instruction determines that 769
the department of education has sufficient funds to pay the costs 770
of developing and furnishing additional end-of-course 771
examinations, the department may offer an additional end-of-course 772
examination, in each of mathematics and English language arts. 773
School districts, public schools, and chartered nonpublic schools 774
may, but shall not be required to, administer one or both of the 775
additional examinations.776

       The end-of-course examinations shall be selected jointly by 777
the state superintendent and the chancellor in consultation with 778
faculty in the appropriate subject areas at institutions of higher 779
education of the university system of Ohio. For780

       (3) Not later than sixty days after the effective date of 781
this amendment, for each subject area, the state superintendent 782
and chancellorboard shall selectcompile a list of multiple 783
assessments that are equivalent to the end-of-course examinations 784
prescribed under divisions (B)(2)(a) to (c) of this section, 785
including nationally norm-referenced achievement tests, that 786
school districts, public schools, and chartered nonpublic schools 787
may use asinstead of the end-of-course examinations prescribed 788
under that division. Subject to division (B)(3)(5)(b) of this 789
section, those assessmentsthe equivalent examinations shall 790
include nationally recognized subject area assessments, such as 791
advanced placement examinations, SAT subject tests, international 792
baccalaureate examinations, ACT end-of-course examinations, and 793
other assessments of college and work readiness. The state board 794
may update or revise the list of equivalent examinations.795

       In lieu of any of the end-of-course examinations prescribed 796
under divisions (B)(2)(a) to (c) of this section, a school 797
district or school may opt to administer instead the equivalent 798
examinations approved by the state board under division (B)(3) of 799
this section for any required examination subject area.800

       School districts, public schools, and chartered nonpublic 801
schools may form a consortium to facilitate the purchase and 802
administration of equivalent examinations. The consortium may 803
designate an educational service center to serve as fiscal agent 804
for the consortium. School districts and schools that elect to 805
administer the equivalent examinations prescribed under (B)(3) of 806
this section in lieu of the end-of-course examinations prescribed 807
under divisions (B)(2)(a) to (c) of this section shall be 808
reimbursed the lesser of the actual cost to administer the 809
equivalent examinations or the cost that the state would have 810
incurred if the end-of-course examinations were administered.811

       Beginning with the 2014-2015 school year, a school district 812
or school shall notify the department which assessment or 813
assessments the district or school selects for each subject area 814
not later than the first day of August of each school year. For 815
any examination selected under division (B)(3) of this section, 816
the state board may require the entity that scores that 817
examination to provide the student score data on that examination 818
on behalf of the district or school, for purposes of calculating 819
measures for the state report card under section 3302.03 of the 820
Revised Code.821

       (4) Not later than October 31, 2014, the state board shall 822
adopt rules in accordance with Chapter 119. of the Revised Code to 823
do all of the following:824

       (a) Determine and designate at least five ranges of scores on 825
each of the end-of-course examinations prescribed under division 826
(B)(2) of this section, and equivalent examinations prescribed 827
under division (B)(3) of this section. Each range of scores shall 828
be deemed to demonstrate a level of achievement so that any 829
student attaining a score within such range has achieved one of 830
the following:831

       (i) A superior level of skill;832

       (ii) A commended level of skill;833

       (iii) A proficient level of skill;834

       (iv) A basic level of skill;835

       (v) A limited level of skill.836

       (b) Determine a method by which to calculate a cumulative 837
performance score based on the results of a student's 838
end-of-course examinations, or equivalent examinations, prescribed 839
by divisions (B)(2) and (3) of this section. 840

       (c) Determine the minimum cumulative performance score that 841
demonstrates the level of academic achievement necessary to earn a 842
high school diploma.843

       (d) Develop a table of corresponding score equivalents for 844
all of the examinations prescribed in divisions (B)(2) and (3) of 845
this section in order to calculate student performance 846
consistently across the different examinations.847

       (3)(5)(a) Not later than July 1, 2013, each school district 848
board of education shall adopt interim end-of-course examinations 849
that comply with the requirements of divisions (B)(3)(5)(b)(i) and 850
(ii) of this section to assess mastery of American history and 851
American government standards adopted under division (A)(1)(b) of 852
section 3301.079 of the Revised Code and the topics required under 853
division (M) of section 3313.603 of the Revised Code. Each high 854
school of the district shall use the interim examinations until 855
the state superintendent and chancellor select end-of-course 856
examinations in American history and American government under 857
division (B)(2) of this section.858

       (b) Not later than July 1, 2014, the state superintendent and 859
the chancellor shall select the end-of-course examinations in 860
American history and American government. 861

       (i) The end-of-course examinations in American history and 862
American government shall require demonstration of mastery of the 863
American history and American government content for social 864
studies standards adopted under division (A)(1)(b) of section 865
3301.079 of the Revised Code and the topics required under 866
division (M) of section 3313.603 of the Revised Code.867

       (ii) At least twenty per cent of the end-of-course 868
examination in American government shall address the topics on 869
American history and American government described in division (M) 870
of section 3313.603 of the Revised Code.871

       (c) Notwithstanding anything to the contrary in this section, 872
each school district board of education shall administer the 873
end-of-course examinations in American history and American 874
government on and after July 1, 2014.875

       (C) The state board shall convene a group of national 876
experts, state experts, and local practitioners to provide advice, 877
guidance, and recommendations for the alignment of standards and 878
model curricula to the assessments and in the design of the 879
end-of-course examinations prescribed by this section.880

       (D) Upon completion of the development of the assessment 881
system, theNot later than December 31, 2014, the state board 882
shall select at least one nationally recognized job skills 883
assessment. Each school district shall administer that assessment 884
to those students who opt to take it. The state shall reimburse a 885
school district for the costs of administering that assessment. 886
The state board shall establish the minimum score a student must 887
attain on the job skills assessment in order to demonstrate a 888
student's workforce readiness and employability. The 889
administration of the job skills assessment to a student under 890
this division shall not exempt a school district from 891
administering the assessments prescribed in division (B) of this 892
section to that student.893

       (E) No school district shall charge a student for any 894
assessment, end-of-course examination, or equivalent examination 895
administered under division (B) or (D) of this section.896

       (F) A school district may use the end-of-course examinations, 897
or equivalent examinations, administered under division (B) of 898
this section as final examinations for the related subject-area 899
class or course of study.900

       (G) The state board shall adopt rules prescribing all of the 901
following:902

       (1) A timeline and plan for implementation of the assessment 903
system, including a phased implementation if the state board 904
determines such a phase-in is warranted;905

       (2) The date after which a person entering ninth grade shall 906
meet the requirements of the entire assessment system as a 907
prerequisite for a high school diploma under section 3313.61, 908
3313.612, or 3325.08 of the Revised Code;909

       (3) The date after which a person shall meet the requirements 910
of the entire assessment system as a prerequisite for a diploma of 911
adult education under section 3313.611 of the Revised Code;912

       (4)(3) Whether and the extent to which a person may be 913
excused from an American history end-of-course examination and an 914
American government end-of-course examination under division 915
(H)(I) of section 3313.61 and division (B)(3)(2) of section 916
3313.612 of the Revised Code;917

       (5)(4) The date after which a person who has fulfilled the 918
curriculum requirement for a diploma but has not passed one or 919
more of the required assessments at the time the person fulfilled 920
the curriculum requirement shall meet the requirements of the 921
entire assessment system as a prerequisite for a high school 922
diploma under division (B) of section 3313.614 of the Revised 923
Code;924

       (6) The extent to which the assessment system applies to 925
students enrolled in a dropout recovery and prevention program for 926
purposes of division (F) of section 3313.603 and section 3314.36 927
of the Revised Code.928

       No rule adopted under this division shall be effective 929
earlier than one year after the date the rule is filed in final 930
form pursuant to Chapter 119. of the Revised Code. 931

       (E)(H) Not later than forty-five days prior to the state 932
board's adoption of a resolution directing the department of 933
education to file the rules prescribed by division (D)(G) of this 934
section in final form under section 119.04 of the Revised Code, 935
the superintendent of public instruction shall present the 936
assessment system developed under this section to the respective 937
committees of the house of representatives and senate that 938
consider education legislation.939

       Sec. 3301.16.  Pursuant to standards prescribed by the state 940
board of education as provided in division (D) of section 3301.07 941
of the Revised Code, the state board shall classify and charter 942
school districts and individual schools within each district 943
except that no charter shall be granted to a nonpublic school 944
unless the school complies with divisiondivisions (K)(1)(a) and 945
(b) of section 3301.0711, ifas applicable, and section 3313.612 946
of the Revised Code. 947

       In the course of considering the charter of a new school 948
district created under section 3311.26 or 3311.38 of the Revised 949
Code, the state board shall require the party proposing creation 950
of the district to submit to the board a map, certified by the 951
county auditor of the county in which the proposed new district is 952
located, showing the boundaries of the proposed new district. In 953
the case of a proposed new district located in more than one 954
county, the map shall be certified by the county auditor of each 955
county in which the proposed district is located.956

       The state board shall revoke the charter of any school 957
district or school which fails to meet the standards for 958
elementary and high schools as prescribed by the board. The state 959
board shall also revoke the charter of any nonpublic school that 960
does not comply with division (K)(1)(a) of section 3301.0711, if 961
applicable, and section 3313.612 of the Revised Code. 962

       In the issuance and revocation of school district or school 963
charters, the state board shall be governed by the provisions of 964
Chapter 119. of the Revised Code.965

       No school district, or individual school operated by a school 966
district, shall operate without a charter issued by the state 967
board under this section.968

       In case a school district charter is revoked pursuant to this 969
section, the state board may dissolve the school district and 970
transfer its territory to one or more adjacent districts. An 971
equitable division of the funds, property, and indebtedness of the 972
school district shall be made by the state board among the 973
receiving districts. The board of education of a receiving 974
district shall accept such territory pursuant to the order of the 975
state board. Prior to dissolving the school district, the state 976
board shall notify the appropriate educational service center 977
governing board and all adjacent school district boards of 978
education of its intention to do so. Boards so notified may make 979
recommendations to the state board regarding the proposed 980
dissolution and subsequent transfer of territory. Except as 981
provided in section 3301.161 of the Revised Code, the transfer 982
ordered by the state board shall become effective on the date 983
specified by the state board, but the date shall be at least 984
thirty days following the date of issuance of the order.985

       A high school is one of higher grade than an elementary 986
school, in which instruction and training are given in accordance 987
with sections 3301.07 and 3313.60 of the Revised Code and which 988
also offers other subjects of study more advanced than those 989
taught in the elementary schools and such other subjects as may be 990
approved by the state board of education.991

       An elementary school is one in which instruction and training 992
are given in accordance with sections 3301.07 and 3313.60 of the 993
Revised Code and which offers such other subjects as may be 994
approved by the state board of education. In districts wherein a 995
junior high school is maintained, the elementary schools in that 996
district may be considered to include only the work of the first 997
six school years inclusive, plus the kindergarten year.998

       Sec. 3301.946.  Notwithstanding anything in the Revised Code 999
to the contrary, the department of education, any school district, 1000
any school, or any third party under contract with the state, a 1001
school district, or a school shall not provide student names and 1002
addresses to any multi-state consortium that offers summative 1003
assessments without written permission from the student's parent 1004
or guardian.1005

       Sec. 3302.02. Not later than one year after the adoption of 1006
rules under division (D) of section 3301.0712 of the Revised Code 1007
and at least every sixth year thereafter, upon recommendations of 1008
the superintendent of public instruction, theThe state board of 1009
education shall establish a set of performance indicators that 1010
considered as a unit will be used as one of the performance 1011
categories for the report cards required by section 3302.03 of the 1012
Revised Code. In establishing these indicators, the superintendent 1013
shall consider inclusion of student performance on assessments 1014
prescribed under section 3301.0710 or 3301.0712 of the Revised 1015
Code, rates of student improvement on such assessments, the 1016
breadth of coursework available within the district, and other 1017
indicators of student success. 1018

        Beginning with the report card for the 2014-2015 school year, 1019
the performance indicators shall include an indicator that 1020
reflects the level of services provided to, and the performance 1021
of, students identified as gifted under Chapter 3324. of the 1022
Revised Code. The indicator shall include the performance of 1023
students identified as gifted on state assessments and value-added 1024
growth measure disaggregated for students identified as gifted.1025

       For the 2013-2014 school year, except as otherwise provided 1026
in this section, for any indicator based on the percentage of 1027
students attaining a proficient score on the assessments 1028
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the 1029
Revised Code, a school district or building shall be considered to 1030
have met the indicator if at least eighty per cent of the tested 1031
students attain a score of proficient or higher on the assessment. 1032
A school district or building shall be considered to have met the 1033
indicator for the assessments prescribed by division (B)(1) of 1034
section 3301.0710 of the Revised Code and only as administered to 1035
eleventh grade students, if at least eighty-five per cent of the 1036
tested students attain a score of proficient or higher on the 1037
assessment. Not later than July 1, 2014, the state board may adopt 1038
rules, under Chapter 119. of the Revised Code, to establish 1039
different proficiency percentages to meet each indicator that is 1040
based on a state assessment, prescribed under section 3301.0710 or 1041
3301.0712 of the Revised Code, for the 2014-2015 school year and 1042
thereafter.1043

       The superintendent shall not establish any performance 1044
indicator for passage of the third or fourth grade English 1045
language arts assessment that is solely based on the assessment 1046
given in the fall for the purpose of determining whether students 1047
have met the reading guarantee provisions of section 3313.608 of 1048
the Revised Code.1049

       Sec. 3302.03.  Annually, not later than the fifteenth day of 1050
September or the preceding Friday when that day falls on a 1051
Saturday or Sunday, the department of education shall assign a 1052
letter grade for overall academic performance and for each 1053
separate performance measure for each school district, and each 1054
school building in a district, in accordance with this section. 1055
The state board shall adopt rules pursuant to Chapter 119. of the 1056
Revised Code to establish performance criteria for each letter 1057
grade and prescribe a method by which the department assigns each 1058
letter grade. For a school building to which any of the 1059
performance measures do not apply, due to grade levels served by 1060
the building, the state board shall designate the performance 1061
measures that are applicable to the building and that must be 1062
calculated separately and used to calculate the building's overall 1063
grade. The department shall issue annual report cards reflecting 1064
the performance of each school district, each building within each 1065
district, and for the state as a whole using the performance 1066
measures and letter grade system described in this section. The 1067
department shall include on the report card for each district and 1068
each building within each district the most recent two-year trend 1069
data in student achievement for each subject and each grade.1070

       (A)(1) For the 2012-2013 school year, the department shall 1071
issue grades as described in division (E) of this section for each 1072
of the following performance measures:1073

       (a) Annual measurable objectives; 1074

       (b) Performance index score for a school district or 1075
building. Grades shall be awarded as a percentage of the total 1076
possible points on the performance index system as adopted by the 1077
state board. In adopting benchmarks for assigning letter grades 1078
under division (A)(1)(b) of this section, the state board of 1079
education shall designate ninety per cent or higher for an "A," at 1080
least seventy per cent but not more than eighty per cent for a 1081
"C," and less than fifty per cent for an "F."1082

       (c) The extent to which the school district or building meets 1083
each of the applicable performance indicators established by the 1084
state board under section 3302.02 of the Revised Code and the 1085
percentage of applicable performance indicators that have been 1086
achieved. In adopting benchmarks for assigning letter grades under 1087
division (A)(1)(c) of this section, the state board shall 1088
designate ninety per cent or higher for an "A."1089

       (d) The four- and five-year adjusted cohort graduation rates.1090

        In adopting benchmarks for assigning letter grades under 1091
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the 1092
department shall designate a four-year adjusted cohort graduation 1093
rate of ninety-three per cent or higher for an "A" and a five-year 1094
cohort graduation rate of ninety-five per cent or higher for an 1095
"A."1096

       (e) The overall score under the value-added progress 1097
dimension of a school district or building, for which the 1098
department shall use up to three years of value-added data as 1099
available. The letter grade assigned for this growth measure shall 1100
be as follows:1101

       (i) A score that is at least two standard errors of measure 1102
above the mean score shall be designated as an "A."1103

       (ii) A score that is at least one standard error of measure 1104
but less than two standard errors of measure above the mean score 1105
shall be designated as a "B."1106

       (iii) A score that is less than one standard error of measure 1107
above the mean score but greater than or equal to one standard 1108
error of measure below the mean score shall be designated as a 1109
"C."1110

       (iv) A score that is not greater than one standard error of 1111
measure below the mean score but is greater than or equal to two 1112
standard errors of measure below the mean score shall be 1113
designated as a "D."1114

       (v) A score that is not greater than two standard errors of 1115
measure below the mean score shall be designated as an "F."1116

       Whenever the value-added progress dimension is used as a 1117
graded performance measure, whether as an overall measure or as a 1118
measure of separate subgroups, the grades for the measure shall be 1119
calculated in the same manner as prescribed in division (A)(1)(e) 1120
of this section.1121

       (f) The value-added progress dimension score for a school 1122
district or building disaggregated for each of the following 1123
subgroups: students identified as gifted, students with 1124
disabilities, and students whose performance places them in the 1125
lowest quintile for achievement on a statewide basis. Each 1126
subgroup shall be a separate graded measure.1127

       (2) Not later than April 30, 2013, the state board of 1128
education shall adopt a resolution describing the performance 1129
measures, benchmarks, and grading system for the 2012-2013 school 1130
year and, not later than June 30, 2013, shall adopt rules in 1131
accordance with Chapter 119. of the Revised Code that prescribe 1132
the methods by which the performance measures under division 1133
(A)(1) of this section shall be assessed and assigned a letter 1134
grade, including performance benchmarks for each letter grade.1135

       At least forty-five days prior to the state board's adoption 1136
of rules to prescribe the methods by which the performance 1137
measures under division (A)(1) of this section shall be assessed 1138
and assigned a letter grade, the department shall conduct a public 1139
presentation before the standing committees of the house of 1140
representatives and the senate that consider education legislation 1141
describing such methods, including performance benchmarks.1142

       (3) There shall not be an overall letter grade for a school 1143
district or building for the 2012-2013 school year.1144

       (B)(1) For the 2013-2014 school year, the department shall 1145
issue grades as described in division (E) of this section for each 1146
of the following performance measures:1147

       (a) Annual measurable objectives; 1148

       (b) Performance index score for a school district or 1149
building. Grades shall be awarded as a percentage of the total 1150
possible points on the performance index system as created by the 1151
department. In adopting benchmarks for assigning letter grades 1152
under division (B)(1)(b) of this section, the state board shall 1153
designate ninety per cent or higher for an "A," at least seventy 1154
per cent but not more than eighty per cent for a "C," and less 1155
than fifty per cent for an "F."1156

       (c) The extent to which the school district or building meets 1157
each of the applicable performance indicators established by the 1158
state board under section 3302.03 of the Revised Code and the 1159
percentage of applicable performance indicators that have been 1160
achieved. In adopting benchmarks for assigning letter grades under 1161
division (B)(1)(c) of this section, the state board shall 1162
designate ninety per cent or higher for an "A."1163

       (d) The four- and five-year adjusted cohort graduation rates;1164

       (e) The overall score under the value-added progress 1165
dimension of a school district or building, for which the 1166
department shall use up to three years of value-added data as 1167
available.1168

       (f) The value-added progress dimension score for a school 1169
district or building disaggregated for each of the following 1170
subgroups: students identified as gifted in superior cognitive 1171
ability and specific academic ability fields under Chapter 3324. 1172
of the Revised Code, students with disabilities, and students 1173
whose performance places them in the lowest quintile for 1174
achievement on a statewide basis. Each subgroup shall be a 1175
separate graded measure.1176

       (g) Whether a school district or building is making progress 1177
in improving literacy in grades kindergarten through three, as 1178
determined using a method prescribed by the state board. The state 1179
board shall adopt rules to prescribe benchmarks and standards for 1180
assigning grades to districts and buildings for purposes of 1181
division (B)(1)(g) of this section. In adopting benchmarks for 1182
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of 1183
this section, the state board shall determine progress made based 1184
on the reduction in the percentage of students scoring below grade 1185
level, or below proficient, compared from year to year on the 1186
reading and writing diagnostic assessments administered under 1187
section 3301.0715 of the Revised Code and the third grade English 1188
language arts assessment under section 3301.0710 of the Revised 1189
Code, as applicable. The state board shall designate for a "C" 1190
grade a value that is not lower than the statewide average value 1191
for this measure. No grade shall be issued under divisions 1192
(B)(1)(g) and (C)(1)(g) of this section for a district or building 1193
in which less than five per cent of students have scored below 1194
grade level on the diagnostic assessment administered to students 1195
in kindergarten under division (B)(1) of section 3313.608 of the 1196
Revised Code.1197

       (2) In addition to the graded measures in division (B)(1) of 1198
this section, the department shall include on a school district's 1199
or building's report card all of the following without an assigned 1200
letter grade:1201

       (a) The percentage of students enrolled in a district or 1202
building participating in advanced placement classes and the 1203
percentage of those students who received a score of three or 1204
better on advanced placement examinations;1205

        (b) The number of a district's or building's students who 1206
have earned at least three college credits through dual enrollment 1207
programs, such as the post-secondary enrollment options program 1208
under Chapter 3365. of the Revised Code and state-approved 1209
career-technical courses offered through dual enrollment or 1210
statewide articulation, that appear on a student's transcript or 1211
other official document, either of which is issued by the 1212
institution of higher education from which the student earned the 1213
college credit. The credits earned that are reported under 1214
divisions (B)(2)(b) and (C)(2)(c) of this section shall not 1215
include any that are remedial or developmental and shall include 1216
those that count toward the curriculum requirements established 1217
for completion of a degree.1218

       (c) The percentage of students enrolled in a district or 1219
building who have taken a national standardized test used for 1220
college admission determinations and the percentage of those 1221
students who are determined to be remediation-free in accordance 1222
with standards adopted under division (F) of section 3345.061 of 1223
the Revised Code;1224

        (d) The percentage of the district's or the building's 1225
students who receive industryindustry-recognized credentials. The 1226
state board shall adopt criteria for acceptable industry1227
industry-recognized credentials.1228

        (e) The percentage of students enrolled in a district or 1229
building who are participating in an international baccalaureate 1230
program and the percentage of those students who receive a score 1231
of four or better on the international baccalaureate examinations.1232

        (f) The percentage of the district's or building's students 1233
who receive an honors diploma under division (B) of section 1234
3313.61 of the Revised Code.1235

       (3) Not later than December 31, 2013, the state board shall 1236
adopt rules in accordance with Chapter 119. of the Revised Code 1237
that prescribe the methods by which the performance measures under 1238
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed 1239
and assigned a letter grade, including performance benchmarks for 1240
each grade.1241

       At least forty-five days prior to the state board's adoption 1242
of rules to prescribe the methods by which the performance 1243
measures under division (B)(1) of this section shall be assessed 1244
and assigned a letter grade, the department shall conduct a public 1245
presentation before the standing committees of the house of 1246
representatives and the senate that consider education legislation 1247
describing such methods, including performance benchmarks.1248

       (4) There shall not be an overall letter grade for a school 1249
district or building for the 2013-2014 school year.1250

       (C)(1) For the 2014-2015 school year and each school year 1251
thereafter, the department shall issue grades as described in 1252
division (E) of this section for each of the following performance 1253
measures and an overall letter grade based on an aggregate of 1254
those measures:1255

       (a) Annual measurable objectives; 1256

       (b) Performance index score for a school district or 1257
building. Grades shall be awarded as a percentage of the total 1258
possible points on the performance index system as created by the 1259
department. In adopting benchmarks for assigning letter grades 1260
under division (C)(1)(b) of this section, the state board shall 1261
designate ninety per cent or higher for an "A," at least seventy 1262
per cent but not more than eighty per cent for a "C," and less 1263
than fifty per cent for an "F."1264

       (c) The extent to which the school district or building meets 1265
each of the applicable performance indicators established by the 1266
state board under section 3302.03 of the Revised Code and the 1267
percentage of applicable performance indicators that have been 1268
achieved. In adopting benchmarks for assigning letter grades under 1269
division (C)(1)(c) of this section, the state board shall 1270
designate ninety per cent or higher for an "A."1271

       (d) The four- and five-year adjusted cohort graduation rates;1272

       (e) The overall score under the value-added progress 1273
dimension, or another measure of student academic progress if 1274
adopted by the state board, of a school district or building, for 1275
which the department shall use up to three years of value-added 1276
data as available.1277

       In adopting benchmarks for assigning letter grades for 1278
overall score on value-added progress dimension under division 1279
(C)(1)(e) of this section, the state board shall prohibit the 1280
assigning of a grade of "A" for that measure unless the district's 1281
or building's grade assigned for value-added progress dimension 1282
for all subgroups under division (C)(1)(f) of this section is a 1283
"B" or higher.1284

       For the metric prescribed by division (C)(1)(e) of this 1285
section, the state board may adopt a student academic progress 1286
measure to be used instead of the value-added progress dimension. 1287
If the state board adopts such a measure, it also shall prescribe 1288
a method for assigning letter grades for the new measure that is 1289
comparable to the method prescribed in division (A)(1)(e) of this 1290
section.1291

       (f) The value-added progress dimension score of a school 1292
district or building disaggregated for each of the following 1293
subgroups: students identified as gifted in superior cognitive 1294
ability and specific academic ability fields under Chapter 3324. 1295
of the Revised Code, students with disabilities, and students 1296
whose performance places them in the lowest quintile for 1297
achievement on a statewide basis, as determined by a method 1298
prescribed by the state board. Each subgroup shall be a separate 1299
graded measure.1300

       The state board may adopt student academic progress measures 1301
to be used instead of the value-added progress dimension. If the 1302
state board adopts such measures, it also shall prescribe a method 1303
for assigning letter grades for the new measures that is 1304
comparable to the method prescribed in division (A)(1)(e) of this 1305
section.1306

       (g) Whether a school district or building is making progress 1307
in improving literacy in grades kindergarten through three, as 1308
determined using a method prescribed by the state board. The state 1309
board shall adopt rules to prescribe benchmarks and standards for 1310
assigning grades to a district or building for purposes of 1311
division (C)(1)(g) of this section. The state board shall 1312
designate for a "C" grade a value that is not lower than the 1313
statewide average value for this measure. No grade shall be issued 1314
under division (C)(1)(g) of this section for a district or 1315
building in which less than five per cent of students have scored 1316
below grade level on the kindergarten diagnostic assessment under 1317
division (B)(1) of section 3313.608 of the Revised Code.1318

       (2) In addition to the graded measures in division (C)(1) of 1319
this section, the department shall include on a school district's 1320
or building's report card all of the following without an assigned 1321
letter grade:1322

        (a) The percentage of students enrolled in a district or 1323
building who have taken a national standardized test used for 1324
college admission determinations and the percentage of those 1325
students who are determined to be remediation-free in accordance 1326
with the standards adopted under division (F) of section 3345.061 1327
of the Revised Code;1328

        (b) The percentage of students enrolled in a district or 1329
building participating in advanced placement classes and the 1330
percentage of those students who received a score of three or 1331
better on advanced placement examinations;1332

        (c) The number of a district's or building's students who 1333
have earned at least three college credits through dual enrollment 1334
programs, such as the post-secondary enrollment options program 1335
under Chapter 3365. of the Revised Code and state-approved 1336
career-technical courses offered through dual enrollment or 1337
statewide articulation, that appear on a student's transcript or 1338
other official document, either of which is issued by the 1339
institution of higher education from which the student earned the 1340
college credit. The credits earned that are reported under 1341
divisions (B)(2)(b) and (C)(2)(c) of this section shall not 1342
include any that are remedial or developmental and shall include 1343
those that count toward the curriculum requirements established 1344
for completion of a degree.1345

        (d) The percentage of the district's or building's students 1346
who receive an honor's diploma under division (B) of section 1347
3313.61 of the Revised Code;1348

        (e) The percentage of the district's or building's students 1349
who receive industryindustry-recognized credentials;1350

        (f) The percentage of students enrolled in a district or 1351
building who are participating in an international baccalaureate 1352
program and the percentage of those students who receive a score 1353
of four or better on the international baccalaureate examinations;1354

        (g) The results of the college and career-ready assessments 1355
administered under division (B)(1) of section 3301.0712 of the 1356
Revised Code.1357

        (3) The state board shall adopt rules pursuant to Chapter 1358
119. of the Revised Code that establish a method to assign an 1359
overall grade for a school district or school building for the 1360
2014-2015 school year and each school year thereafter. The rules 1361
shall group the performance measures in divisions (C)(1) and (2) 1362
of this section into the following components:1363

        (a) Gap closing, which shall include the performance measure 1364
in division (C)(1)(a) of this section;1365

        (b) Achievement, which shall include the performance measures 1366
in divisions (C)(1)(b) and (c) of this section;1367

        (c) Progress, which shall include the performance measures in 1368
divisions (C)(1)(e) and (f) of this section;1369

        (d) Graduation, which shall include the performance measure 1370
in division (C)(1)(d) of this section;1371

        (e) Kindergarten through third-grade literacy, which shall 1372
include the performance measure in division (C)(1)(g) of this 1373
section;1374

        (f) Prepared for success, which shall include the performance 1375
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of 1376
this section. The state board shall develop a method to determine 1377
a grade for the component in division (C)(3)(f) of this section 1378
using the performance measures in divisions (C)(2)(a), (b), (c), 1379
(d), (e), and (f) of this section. When available, the state board 1380
may incorporate the performance measure under division (C)(2)(g) 1381
of this section into the component under division (C)(3)(f) of 1382
this section. When determining the overall grade for the prepared 1383
for success component prescribed by division (C)(3)(f) of this 1384
section, no individual student shall be counted in more than one 1385
performance measure. However, if a student qualifies for more than 1386
one performance measure in the component, the state board may, in 1387
its method to determine a grade for the component, specify an 1388
additional weight for such a student that is not greater than or 1389
equal to 1.0. In determining the overall score under division 1390
(C)(3)(f) of this section, the state board shall ensure that the 1391
pool of students included in the performance measures aggregated 1392
under that division are all of the students included in the four- 1393
and five-year adjusted graduation cohort.1394

        In the rules adopted under division (C)(3) of this section, 1395
the state board shall adopt a method for determining a grade for 1396
each component in divisions (C)(3)(a) to (f) of this section. The 1397
state board also shall establish a method to assign an overall 1398
grade of "A," "B," "C," "D," or "F" using the grades assigned for 1399
each component. The method the state board adopts for assigning an 1400
overall grade shall give equal weight to the components in 1401
divisions (C)(3)(b) and (c) of this section.1402

       At least forty-five days prior to the state board's adoption 1403
of rules to prescribe the methods for calculating the overall 1404
grade for the report card, as required by this division, the 1405
department shall conduct a public presentation before the standing 1406
committees of the house of representatives and the senate that 1407
consider education legislation describing the format for the 1408
report card, weights that will be assigned to the components of 1409
the overall grade, and the method for calculating the overall 1410
grade.1411

       (D) Not later thanOn or after July 1, 2015, the state board 1412
shallmay develop a measure of student academic progress for high 1413
school students. Beginning with the report card for the 2015-2016 1414
school yearIf the state board develops this measure, each school 1415
district and applicable school building shall be assigned a 1416
separate letter grade for this measure and theit. The district's 1417
or building's grade for that measure shall not be included in 1418
determining the district's or building's overall letter grade. 1419
This measure shall be included within the measure prescribed in 1420
division (C)(3)(c) of this section in the calculation for the 1421
overall letter grade.1422

       (E) The letter grades assigned to a school district or 1423
building under this section shall be as follows:1424

       (1) "A" for a district or school making excellent progress;1425

       (2) "B" for a district or school making above average 1426
progress;1427

       (3) "C" for a district or school making average progress;1428

       (4) "D" for a district or school making below average 1429
progress;1430

       (5) "F" for a district or school failing to meet minimum 1431
progress.1432

        (F) When reporting data on student achievement and progress, 1433
the department shall disaggregate that data according to the 1434
following categories: 1435

       (1) Performance of students by grade-level; 1436

       (2) Performance of students by race and ethnic group; 1437

       (3) Performance of students by gender; 1438

       (4) Performance of students grouped by those who have been 1439
enrolled in a district or school for three or more years; 1440

       (5) Performance of students grouped by those who have been 1441
enrolled in a district or school for more than one year and less 1442
than three years; 1443

       (6) Performance of students grouped by those who have been 1444
enrolled in a district or school for one year or less; 1445

       (7) Performance of students grouped by those who are 1446
economically disadvantaged; 1447

       (8) Performance of students grouped by those who are enrolled 1448
in a conversion community school established under Chapter 3314. 1449
of the Revised Code; 1450

       (9) Performance of students grouped by those who are 1451
classified as limited English proficient; 1452

       (10) Performance of students grouped by those who have 1453
disabilities; 1454

       (11) Performance of students grouped by those who are 1455
classified as migrants; 1456

       (12) Performance of students grouped by those who are 1457
identified as gifted in superior cognitive ability and the 1458
specific academic ability fields of reading and math pursuant to 1459
Chapter 3324. of the Revised Code. In disaggregating specific 1460
academic ability fields for gifted students, the department shall 1461
use data for those students with specific academic ability in math 1462
and reading. If any other academic field is assessed, the 1463
department shall also include data for students with specific 1464
academic ability in that field as well.1465

       (13) Performance of students grouped by those who perform in 1466
the lowest quintile for achievement on a statewide basis, as 1467
determined by a method prescribed by the state board. 1468

       The department may disaggregate data on student performance 1469
according to other categories that the department determines are 1470
appropriate. To the extent possible, the department shall 1471
disaggregate data on student performance according to any 1472
combinations of two or more of the categories listed in divisions 1473
(F)(1) to (13) of this section that it deems relevant. 1474

       In reporting data pursuant to division (F) of this section, 1475
the department shall not include in the report cards any data 1476
statistical in nature that is statistically unreliable or that 1477
could result in the identification of individual students. For 1478
this purpose, the department shall not report student performance 1479
data for any group identified in division (F) of this section that 1480
contains less than ten students. If the department does not report 1481
student performance data for a group because it contains less than 1482
ten students, the department shall indicate on the report card 1483
that is why data was not reported.1484

       (G) The department may include with the report cards any 1485
additional education and fiscal performance data it deems 1486
valuable. 1487

       (H) The department shall include on each report card a list 1488
of additional information collected by the department that is 1489
available regarding the district or building for which the report 1490
card is issued. When available, such additional information shall 1491
include student mobility data disaggregated by race and 1492
socioeconomic status, college enrollment data, and the reports 1493
prepared under section 3302.031 of the Revised Code. 1494

       The department shall maintain a site on the world wide web. 1495
The report card shall include the address of the site and shall 1496
specify that such additional information is available to the 1497
public at that site. The department shall also provide a copy of 1498
each item on the list to the superintendent of each school 1499
district. The district superintendent shall provide a copy of any 1500
item on the list to anyone who requests it. 1501

       (I) Division (I) of this section does not apply to conversion 1502
community schools that primarily enroll students between sixteen 1503
and twenty-two years of age who dropped out of high school or are 1504
at risk of dropping out of high school due to poor attendance, 1505
disciplinary problems, or suspensions. 1506

       (1) For any district that sponsors a conversion community 1507
school under Chapter 3314. of the Revised Code, the department 1508
shall combine data regarding the academic performance of students 1509
enrolled in the community school with comparable data from the 1510
schools of the district for the purpose of determining the 1511
performance of the district as a whole on the report card issued 1512
for the district under this section or section 3302.033 of the 1513
Revised Code. 1514

       (2) Any district that leases a building to a community school 1515
located in the district or that enters into an agreement with a 1516
community school located in the district whereby the district and 1517
the school endorse each other's programs may elect to have data 1518
regarding the academic performance of students enrolled in the 1519
community school combined with comparable data from the schools of 1520
the district for the purpose of determining the performance of the 1521
district as a whole on the district report card. Any district that 1522
so elects shall annually file a copy of the lease or agreement 1523
with the department. 1524

       (3) Any municipal school district, as defined in section 1525
3311.71 of the Revised Code, that sponsors a community school 1526
located within the district's territory, or that enters into an 1527
agreement with a community school located within the district's 1528
territory whereby the district and the community school endorse 1529
each other's programs, may exercise either or both of the 1530
following elections:1531

        (a) To have data regarding the academic performance of 1532
students enrolled in that community school combined with 1533
comparable data from the schools of the district for the purpose 1534
of determining the performance of the district as a whole on the 1535
district's report card;1536

        (b) To have the number of students attending that community 1537
school noted separately on the district's report card.1538

       The election authorized under division (I)(3)(a) of this 1539
section is subject to approval by the governing authority of the 1540
community school.1541

       Any municipal school district that exercises an election to 1542
combine or include data under division (I)(3) of this section, by 1543
the first day of October of each year, shall file with the 1544
department documentation indicating eligibility for that election, 1545
as required by the department.1546

       (J) The department shall include on each report card the 1547
percentage of teachers in the district or building who are highly 1548
qualified, as defined by the "No Child Left Behind Act of 2001,"1549
and a comparison of that percentage with the percentages of such 1550
teachers in similar districts and buildings. 1551

       (K)(1) In calculating English language arts, mathematics, 1552
social studies, or science assessment passage rates used to 1553
determine school district or building performance under this 1554
section, the department shall include all students taking an 1555
assessment with accommodation or to whom an alternate assessment 1556
is administered pursuant to division (C)(1) or (3) of section 1557
3301.0711 of the Revised Code. 1558

        (2) In calculating performance index scores, rates of 1559
achievement on the performance indicators established by the state 1560
board under section 3302.02 of the Revised Code, and annual 1561
measurable objectives for determining adequate yearly progress for 1562
school districts and buildings under this section, the department 1563
shall do all of the following: 1564

       (a) Include for each district or building only those students 1565
who are included in the ADM certified for the first full school 1566
week of October and are continuously enrolled in the district or 1567
building through the time of the spring administration of any 1568
assessment prescribed by division (A)(1) or (B)(1) of section 1569
3301.0710 or division (B) of section 3301.0712 of the Revised Code 1570
that is administered to the student's grade level; 1571

       (b) Include cumulative totals from both the fall and spring 1572
administrations of the third grade English language arts 1573
achievement assessment; 1574

       (c) Except as required by the "No Child Left Behind Act of 1575
2001," exclude for each district or building any limited English 1576
proficient student who has been enrolled in United States schools 1577
for less than one full school year.1578

       (L) Beginning with the 2015-2016 school year and at least 1579
once every three years thereafter, the state board of education 1580
shall review and may adjust the benchmarks for assigning letter 1581
grades to the performance measures and components prescribed under 1582
divisionsdivision (C)(3) and (D) of this section and under 1583
division (D) of this section, if applicable.1584

       Sec. 3302.031. In addition to the report cards required under 1585
section 3302.03 of the Revised Code, the department of education 1586
shall annually prepare the following reports for each school 1587
district and make a copy of each report available to the 1588
superintendent of each district:1589

       (A) A funding and expenditure accountability report which 1590
shall consist of the amount of state aid payments the school 1591
district will receive during the fiscal year under Chapter 3317. 1592
of the Revised Code and any other fiscal data the department 1593
determines is necessary to inform the public about the financial 1594
status of the district;1595

       (B) A school safety and discipline report which shall consist 1596
of statistical information regarding student safety and discipline 1597
in each school building, including the number of suspensions and 1598
expulsions disaggregated according to race and gender;1599

       (C) A student equity report which shall consist of at least a 1600
description of the status of teacher qualifications, library and 1601
media resources, textbooks, classroom materials and supplies, and 1602
technology resources for each district. To the extent possible, 1603
the information included in the report required under this 1604
division shall be disaggregated according to grade level, race, 1605
gender, disability, and scores attained on assessments required 1606
under sectionsections 3301.0710 and 3301.0712 of the Revised 1607
Code.1608

       (D) A school enrollment report which shall consist of 1609
information about the composition of classes within each district 1610
by grade and subject disaggregated according to race, gender, and 1611
scores attained on assessments required under sectionsections1612
3301.0710 and 3301.0712 of the Revised Code;1613

       (E) A student retention report which shall consist of the 1614
number of students retained in their respective grade levels in 1615
the district disaggregated by grade level, subject area, race, 1616
gender, and disability;1617

       (F) A school district performance report which shall describe 1618
for the district and each building within the district the extent 1619
to which the district or building meets each of the applicable 1620
performance indicators established under section 3302.02 of the 1621
Revised Code, the number of performance indicators that have been 1622
achieved, and the performance index score. In calculating the 1623
rates of achievement on the performance indicators and the 1624
performance index scores for each report, the department shall 1625
exclude all students with disabilities.1626

       Sec. 3302.036.  (A) Notwithstanding anything in the Revised 1627
Code to the contrary, the report card ratings issued for the 1628
2014-2015 school year shall not be considered in determining 1629
whether a school district or a school is subject to sanctions or 1630
penalties. However, the report card ratings of any previous or 1631
subsequent years shall be considered in determining whether a 1632
school district or building is subject to sanctions or penalties. 1633
Accordingly, the report card ratings for the 2014-2015 school year 1634
shall have no effect in determining sanctions or penalties, but 1635
shall not create a new starting point for determinations that are 1636
based on ratings over multiple years.1637

       (B) The provisions from which a district or school is exempt 1638
under division (A) of this section include, but are not limited 1639
to, the following:1640

       (1) Any restructuring provisions established under this 1641
chapter, except as required under the "No Child Left Behind Act of 1642
2001"; 1643

       (2) Provisions for the Columbus city school pilot project 1644
under section 3302.042 of the Revised Code;1645

       (3) Provisions for academic distress commissions under 1646
section 3302.10 of the Revised Code; 1647

       (4) Provisions prescribing new buildings where students are 1648
eligible for the educational choice scholarships under section 1649
3310.03 of the Revised Code; 1650

       (5) Provisions defining "challenged school districts" in 1651
which new start-up community schools may be located, as prescribed 1652
in section 3314.02 of the Revised Code; 1653

       (6) Provisions prescribing community school closure 1654
requirements under section 3314.35 or 3314.351 of the Revised 1655
Code.1656

       Sec. 3310.14.  Each chartered nonpublic school that is not 1657
subject to division (K)(1)(a) of section 3301.0711 of the Revised 1658
Code and enrolls students awarded scholarships under sections 1659
3310.01 to 3310.17 of the Revised Code annually shall administer 1660
the assessments prescribed by section 3301.0710 or 3301.0712 of 1661
the Revised Code to each scholarship student enrolled in the 1662
school in accordance with section 3301.0711 of the Revised Code. 1663
Each chartered nonpublic school that is subject to this section 1664
shall report to the department of education the results of each 1665
assessment administered to each scholarship student under this 1666
section.1667

       Nothing in this section requires a chartered nonpublic school 1668
to administer any achievement assessment, except for an Ohio 1669
graduation test prescribed by division (B)(1) of section 3301.0710 1670
or the college and work ready assessment system prescribed by 1671
division (B) of section 3301.0712 of the Revised Code, as required 1672
by section 3313.612 of the Revised Code, to any student enrolled 1673
in the school who is not a scholarship student.1674

       Sec. 3310.522.  In order to maintain eligibility for a 1675
scholarship under the program, a student shall take each 1676
assessment prescribed by sections 3301.0710 and 3301.0712 of the 1677
Revised Code, unless the student is excused from taking that 1678
assessment under federal law or the student's individualized 1679
education program. 1680

        Each registered private provider that is not subject to 1681
division (K)(1)(a) of section 3301.0711 of the Revised Code and 1682
enrolls a student who is awarded a scholarship under this section 1683
shall administer each assessment prescribed by sections 3301.0710 1684
and 3301.0712 of the Revised Code to that student, unless the 1685
student is excused from taking that assessment, and shall report 1686
to the department the results of each assessment so administered. 1687

       Nothing in this section requires any chartered nonpublic 1688
school that is a registered private provider to administer any 1689
achievement assessment, except for an Ohio graduation test 1690
prescribed by division (B)(1) of section 3301.0710 or the college 1691
and work ready assessment system prescribed by division (B) of 1692
section 3301.0712 of the Revised Code, as required by section 1693
3313.612 of the Revised Code, to any student enrolled in the 1694
school who is not a scholarship student.1695

       Sec. 3313.532.  (A) Any person twenty-two or more years of 1696
age and enrolled in an adult high school continuation program 1697
established pursuant to section 3313.531 of the Revised Code may 1698
request the board of education operating the program to conduct an 1699
evaluation in accordance with division (C) of this section.1700

       (B) Any applicant to a board of education for a diploma of 1701
adult education under division (B) of section 3313.611 of the 1702
Revised Code may request the board to conduct an evaluation in 1703
accordance with division (C) of this section.1704

       (C) Upon the request of any person pursuant to division (A) 1705
or (B) of this section, the board of education to which the 1706
request is made shall evaluate the person to determine whether the 1707
person is disabled, in accordance with rules adopted by the state 1708
board of education. If the evaluation indicates that the person is 1709
disabled, the board shall determine whether to excuse the person 1710
from taking any of the assessments required by division (B) of1711
section 3301.07103313.618 of the Revised Code as a requirement 1712
for receiving a diploma under section 3313.611 of the Revised 1713
Code. The board may require the person to take an alternate 1714
assessment in place of any test from which the person is so 1715
excused.1716

       Sec. 3313.603.  (A) As used in this section:1717

       (1) "One unit" means a minimum of one hundred twenty hours of 1718
course instruction, except that for a laboratory course, "one 1719
unit" means a minimum of one hundred fifty hours of course 1720
instruction.1721

       (2) "One-half unit" means a minimum of sixty hours of course 1722
instruction, except that for physical education courses, "one-half 1723
unit" means a minimum of one hundred twenty hours of course 1724
instruction.1725

       (B) Beginning September 15, 2001, except as required in 1726
division (C) of this section and division (C) of section 3313.614 1727
of the Revised Code, the requirements for graduation from every 1728
high school shall include twenty units earned in grades nine 1729
through twelve and shall be distributed as follows:1730

       (1) English language arts, four units;1731

       (2) Health, one-half unit;1732

       (3) Mathematics, three units;1733

       (4) Physical education, one-half unit;1734

       (5) Science, two units until September 15, 2003, and three 1735
units thereafter, which at all times shall include both of the 1736
following:1737

       (a) Biological sciences, one unit;1738

       (b) Physical sciences, one unit.1739

       (6) History and government, one unit, which shall comply with 1740
division (M) of this section and shall include both of the 1741
following:1742

       (a) American history, one-half unit;1743

       (b) American government, one-half unit.1744

       (7) Social studies, two units.1745

       (8) Elective units, seven units until September 15, 2003, and 1746
six units thereafter.1747

       Each student's electives shall include at least one unit, or 1748
two half units, chosen from among the areas of 1749
business/technology, fine arts, and/or foreign language.1750

       (C) Beginning with students who enter ninth grade for the 1751
first time on or after July 1, 2010, except as provided in 1752
divisions (D) to (F) of this section, the requirements for 1753
graduation from every public and chartered nonpublic high school 1754
shall include twenty units that are designed to prepare students 1755
for the workforce and college. The units shall be distributed as 1756
follows:1757

       (1) English language arts, four units;1758

       (2) Health, one-half unit, which shall include instruction in 1759
nutrition and the benefits of nutritious foods and physical 1760
activity for overall health;1761

       (3) Mathematics, four units, which shall include one unit of 1762
algebra II or the equivalent of algebra II;1763

       (4) Physical education, one-half unit;1764

       (5) Science, three units with inquiry-based laboratory 1765
experience that engages students in asking valid scientific 1766
questions and gathering and analyzing information, which shall 1767
include the following, or their equivalent:1768

       (a) Physical sciences, one unit;1769

       (b) Life sciences, one unit;1770

       (c) Advanced study in one or more of the following sciences, 1771
one unit:1772

       (i) Chemistry, physics, or other physical science;1773

       (ii) Advanced biology or other life science;1774

       (iii) Astronomy, physical geology, or other earth or space 1775
science.1776

       (6) History and government, one unit, which shall comply with 1777
division (M) of this section and shall include both of the 1778
following:1779

       (a) American history, one-half unit;1780

       (b) American government, one-half unit.1781

       (7) Social studies, two units.1782

       Each school shall integrate the study of economics and 1783
financial literacy, as expressed in the social studies academic 1784
content standards adopted by the state board of education under 1785
division (A)(1) of section 3301.079 of the Revised Code and the 1786
academic content standards for financial literacy and 1787
entrepreneurship adopted under division (A)(2) of that section, 1788
into one or more existing social studies credits required under 1789
division (C)(7) of this section, or into the content of another 1790
class, so that every high school student receives instruction in 1791
those concepts. In developing the curriculum required by this 1792
paragraph, schools shall use available public-private partnerships 1793
and resources and materials that exist in business, industry, and 1794
through the centers for economics education at institutions of 1795
higher education in the state.1796

       (8) Five units consisting of one or any combination of 1797
foreign language, fine arts, business, career-technical education, 1798
family and consumer sciences, technology, agricultural education, 1799
a junior reserve officer training corps (JROTC) program approved 1800
by the congress of the United States under title 10 of the United 1801
States Code, or English language arts, mathematics, science, or 1802
social studies courses not otherwise required under division (C) 1803
of this section.1804

       Ohioans must be prepared to apply increased knowledge and 1805
skills in the workplace and to adapt their knowledge and skills 1806
quickly to meet the rapidly changing conditions of the 1807
twenty-first century. National studies indicate that all high 1808
school graduates need the same academic foundation, regardless of 1809
the opportunities they pursue after graduation. The goal of Ohio's 1810
system of elementary and secondary education is to prepare all 1811
students for and seamlessly connect all students to success in 1812
life beyond high school graduation, regardless of whether the next 1813
step is entering the workforce, beginning an apprenticeship, 1814
engaging in post-secondary training, serving in the military, or 1815
pursuing a college degree.1816

        The Ohio core curriculum is the standard expectation for all 1817
students entering ninth grade for the first time at a public or 1818
chartered nonpublic high school on or after July 1, 2010. A 1819
student may satisfy this expectation through a variety of methods, 1820
including, but not limited to, integrated, applied, 1821
career-technical, and traditional coursework.1822

       Whereas teacher quality is essential for student success in 1823
completing the Ohio core curriculum, the general assembly shall 1824
appropriate funds for strategic initiatives designed to strengthen 1825
schools' capacities to hire and retain highly qualified teachers 1826
in the subject areas required by the curriculum. Such initiatives 1827
are expected to require an investment of $120,000,000 over five 1828
years.1829

       Stronger coordination between high schools and institutions 1830
of higher education is necessary to prepare students for more 1831
challenging academic endeavors and to lessen the need for academic 1832
remediation in college, thereby reducing the costs of higher 1833
education for Ohio's students, families, and the state. The state 1834
board and the chancellor of the Ohio board of regents shall 1835
develop policies to ensure that only in rare instances will 1836
students who complete the Ohio core curriculum require academic 1837
remediation after high school.1838

       School districts, community schools, and chartered nonpublic 1839
schools shall integrate technology into learning experiences 1840
across the curriculum in order to maximize efficiency, enhance 1841
learning, and prepare students for success in the 1842
technology-driven twenty-first century. Districts and schools 1843
shall use distance and web-based course delivery as a method of 1844
providing or augmenting all instruction required under this 1845
division, including laboratory experience in science. Districts 1846
and schools shall utilize technology access and electronic 1847
learning opportunities provided by the broadcast educational media 1848
commission, chancellor, the Ohio learning network, education 1849
technology centers, public television stations, and other public 1850
and private providers.1851

       (D) Except as provided in division (E) of this section, a 1852
student who enters ninth grade on or after July 1, 2010, and 1853
before July 1, 2014, may qualify for graduation from a public or 1854
chartered nonpublic high school even though the student has not 1855
completed the Ohio core curriculum prescribed in division (C) of 1856
this section if all of the following conditions are satisfied:1857

       (1) After the student has attended high school for two years, 1858
as determined by the school, the student and the student's parent, 1859
guardian, or custodian sign and file with the school a written 1860
statement asserting the parent's, guardian's, or custodian's 1861
consent to the student's graduating without completing the Ohio 1862
core curriculum and acknowledging that one consequence of not 1863
completing the Ohio core curriculum is ineligibility to enroll in 1864
most state universities in Ohio without further coursework.1865

       (2) The student and parent, guardian, or custodian fulfill 1866
any procedural requirements the school stipulates to ensure the 1867
student's and parent's, guardian's, or custodian's informed 1868
consent and to facilitate orderly filing of statements under 1869
division (D)(1) of this section.1870

       (3) The student and the student's parent, guardian, or 1871
custodian and a representative of the student's high school 1872
jointly develop an individual career plan for the student that 1873
specifies the student matriculating to a two-year degree program, 1874
acquiring a business and industry credential, or entering an 1875
apprenticeship.1876

       (4) The student's high school provides counseling and support 1877
for the student related to the plan developed under division 1878
(D)(3) of this section during the remainder of the student's high 1879
school experience.1880

       (5) The student successfully completes, at a minimum, the 1881
curriculum prescribed in division (B) of this section.1882

       The department of education, in collaboration with the 1883
chancellor, shall analyze student performance data to determine if 1884
there are mitigating factors that warrant extending the exception 1885
permitted by division (D) of this section to high school classes 1886
beyond those entering ninth grade before July 1, 2014. The 1887
department shall submit its findings and any recommendations not 1888
later than August 1, 2014, to the speaker and minority leader of 1889
the house of representatives, the president and minority leader of 1890
the senate, the chairpersons and ranking minority members of the 1891
standing committees of the house of representatives and the senate 1892
that consider education legislation, the state board of education, 1893
and the superintendent of public instruction.1894

       (E) Each school district and chartered nonpublic school 1895
retains the authority to require an even more rigorous minimum 1896
curriculum for high school graduation than specified in division 1897
(B) or (C) of this section. A school district board of education, 1898
through the adoption of a resolution, or the governing authority 1899
of a chartered nonpublic school may stipulate any of the 1900
following:1901

        (1) A minimum high school curriculum that requires more than 1902
twenty units of academic credit to graduate;1903

        (2) An exception to the district's or school's minimum high 1904
school curriculum that is comparable to the exception provided in 1905
division (D) of this section but with additional requirements, 1906
which may include a requirement that the student successfully 1907
complete more than the minimum curriculum prescribed in division 1908
(B) of this section;1909

        (3) That no exception comparable to that provided in division 1910
(D) of this section is available.1911

       (F) A student enrolled in a dropout prevention and recovery 1912
program, which program has received a waiver from the department, 1913
may qualify for graduation from high school by successfully 1914
completing a competency-based instructional program administered 1915
by the dropout prevention and recovery program in lieu of 1916
completing the Ohio core curriculum prescribed in division (C) of 1917
this section. The department shall grant a waiver to a dropout 1918
prevention and recovery program, within sixty days after the 1919
program applies for the waiver, if the program meets all of the 1920
following conditions:1921

       (1) The program serves only students not younger than sixteen 1922
years of age and not older than twenty-one years of age.1923

       (2) The program enrolls students who, at the time of their 1924
initial enrollment, either, or both, are at least one grade level 1925
behind their cohort age groups or experience crises that 1926
significantly interfere with their academic progress such that 1927
they are prevented from continuing their traditional programs.1928

       (3) The program requires students to do one of the following:1929

       (a) Prior to July 1, 2015, attain either at least the 1930
applicable score designated for each of the assessments prescribed 1931
under division (B)(1) of section 3301.0710 of the Revised Code or, 1932
to the extent prescribed by rule of the state board under division 1933
(D)(6) of section 3301.0712 of the Revised Code, division (B)(2) 1934
of that section, a score specified under division (B)(4)(c) of 1935
section 3301.0712 of the Revised Code on the end-of-course 1936
examinations prescribed under division (B) of that section, or a 1937
score that demonstrates workforce readiness and employability on a 1938
nationally recognized job skills assessment selected by the state 1939
board of education under division (D) of section 3301.0712 of the 1940
Revised Code;1941

       (b) On or after July 1, 2015, satisfy one of the requirements 1942
under division (A) of section 3314.019 of the Revised Code.1943

       (4) The program develops an individual career plan for the 1944
student that specifies the student's matriculating to a two-year 1945
degree program, acquiring a business and industry credential, or 1946
entering an apprenticeship.1947

       (5) The program provides counseling and support for the 1948
student related to the plan developed under division (F)(4) of 1949
this section during the remainder of the student's high school 1950
experience.1951

       (6) The program requires the student and the student's 1952
parent, guardian, or custodian to sign and file, in accordance 1953
with procedural requirements stipulated by the program, a written 1954
statement asserting the parent's, guardian's, or custodian's 1955
consent to the student's graduating without completing the Ohio 1956
core curriculum and acknowledging that one consequence of not 1957
completing the Ohio core curriculum is ineligibility to enroll in 1958
most state universities in Ohio without further coursework.1959

       (7) Prior to receiving the waiver, the program has submitted 1960
to the department an instructional plan that demonstrates how the 1961
academic content standards adopted by the state board under 1962
section 3301.079 of the Revised Code will be taught and assessed.1963

       If the department does not act either to grant the waiver or 1964
to reject the program application for the waiver within sixty days 1965
as required under this section, the waiver shall be considered to 1966
be granted.1967

       (G) Every high school may permit students below the ninth 1968
grade to take advanced work. If a high school so permits, it shall 1969
award high school credit for successful completion of the advanced 1970
work and shall count such advanced work toward the graduation 1971
requirements of division (B) or (C) of this section if the 1972
advanced work was both:1973

       (1) Taught by a person who possesses a license or certificate 1974
issued under section 3301.071, 3319.22, or 3319.222 of the Revised 1975
Code that is valid for teaching high school;1976

       (2) Designated by the board of education of the city, local, 1977
or exempted village school district, the board of the cooperative 1978
education school district, or the governing authority of the 1979
chartered nonpublic school as meeting the high school curriculum 1980
requirements.1981

        Each high school shall record on the student's high school 1982
transcript all high school credit awarded under division (G) of 1983
this section. In addition, if the student completed a seventh- or 1984
eighth-grade fine arts course described in division (K) of this 1985
section and the course qualified for high school credit under that 1986
division, the high school shall record that course on the 1987
student's high school transcript.1988

       (H) The department shall make its individual academic career 1989
plan available through its Ohio career information system web site 1990
for districts and schools to use as a tool for communicating with 1991
and providing guidance to students and families in selecting high 1992
school courses.1993

        (I) Units earned in English language arts, mathematics, 1994
science, and social studies that are delivered through integrated 1995
academic and career-technical instruction are eligible to meet the 1996
graduation requirements of division (B) or (C) of this section.1997

       (J)(1) The state board, in consultation with the chancellor, 1998
shall adopt a statewide plan implementing methods for students to 1999
earn units of high school credit based on a demonstration of 2000
subject area competency, instead of or in combination with 2001
completing hours of classroom instruction. The state board shall 2002
adopt the plan not later than March 31, 2009, and commence phasing 2003
in the plan during the 2009-2010 school year. The plan shall 2004
include a standard method for recording demonstrated proficiency 2005
on high school transcripts. Each school district and community 2006
school shall comply with the state board's plan adopted under this2007
division (J)(1) of this section and award units of high school 2008
credit in accordance with the plan. The state board may adopt 2009
existing methods for earning high school credit based on a 2010
demonstration of subject area competency as necessary prior to the 2011
2009-2010 school year.2012

       (2) Notwithstanding anything to the contrary in this section, 2013
the state board shall adopt a policy to grant course credit, 2014
beginning July 1, 2014, to any student who does not complete a 2015
course of instruction but who demonstrates at least a proficient 2016
level of understanding in that course's subject matter by way of 2017
attaining any of the following scores:2018

       (a) A score of three or above on the corresponding advanced 2019
placement examination;2020

        (b) A score of four or above on the corresponding 2021
international baccalaureate examination;2022

        (c) A score that is at or above the proficient level on a 2023
corresponding end-of-course examination, or the equivalent, 2024
prescribed under division (B) of section 3301.0712 of the Revised 2025
Code;2026

       (d) A score set by the state board that is at or above the 2027
proficient level on any other corresponding examination approved 2028
by the state board that is not included in the list adopted under 2029
division (B)(3) of section 3301.0712 of the Revised Code.2030

       (3) Not later than one hundred twenty days after the 2031
effective date of this amendment, the state board shall establish 2032
both of the following:2033

        (a) The minimum score needed to demonstrate a proficient 2034
level on an examination described in division (J)(2)(d) of this 2035
section that a student must attain in order to receive credit;2036

       (b) The amount of credit to be awarded to a student based on 2037
the student's score on any of the examinations described in 2038
division (J)(2) of this section.2039

       Each school district and community school shall comply with 2040
the state board's policy adopted under division (J)(2) of this 2041
section and award units of high school credit in accordance with 2042
the policy.2043

        Notwithstanding any provision to the contrary in Chapter 2044
4117. of the Revised Code, the requirements of division (J)(2) of 2045
this section prevail over any conflicting provisions of a 2046
collective bargaining agreement entered into on or after the 2047
effective date of this amendment.2048

       (K) This division does not apply to students who qualify for 2049
graduation from high school under division (D) or (F) of this 2050
section, or to students pursuing a career-technical instructional 2051
track as determined by the school district board of education or 2052
the chartered nonpublic school's governing authority. 2053
Nevertheless, the general assembly encourages such students to 2054
consider enrolling in a fine arts course as an elective.2055

       Beginning with students who enter ninth grade for the first 2056
time on or after July 1, 2010, each student enrolled in a public 2057
or chartered nonpublic high school shall complete two semesters or 2058
the equivalent of fine arts to graduate from high school. The 2059
coursework may be completed in any of grades seven to twelve. Each 2060
student who completes a fine arts course in grade seven or eight 2061
may elect to count that course toward the five units of electives 2062
required for graduation under division (C)(8) of this section, if 2063
the course satisfied the requirements of division (G) of this 2064
section. In that case, the high school shall award the student 2065
high school credit for the course and count the course toward the 2066
five units required under division (C)(8) of this section. If the 2067
course in grade seven or eight did not satisfy the requirements of 2068
division (G) of this section, the high school shall not award the 2069
student high school credit for the course but shall count the 2070
course toward the two semesters or the equivalent of fine arts 2071
required by this division.2072

       (L) Notwithstanding anything to the contrary in this section, 2073
the board of education of each school district and the governing 2074
authority of each chartered nonpublic school may adopt a policy to 2075
excuse from the high school physical education requirement each 2076
student who, during high school, has participated in 2077
interscholastic athletics, marching band, or cheerleading for at 2078
least two full seasons or in the junior reserve officer training 2079
corps for at least two full school years. If the board or 2080
authority adopts such a policy, the board or authority shall not 2081
require the student to complete any physical education course as a 2082
condition to graduate. However, the student shall be required to 2083
complete one-half unit, consisting of at least sixty hours of 2084
instruction, in another course of study. In the case of a student 2085
who has participated in the junior reserve officer training corps 2086
for at least two full school years, credit received for that 2087
participation may be used to satisfy the requirement to complete 2088
one-half unit in another course of study.2089

       (M) It is important that high school students learn and 2090
understand United States history and the governments of both the 2091
United States and the state of Ohio. Therefore, beginning with 2092
students who enter ninth grade for the first time on or after July 2093
1, 2012, the study of American history and American government 2094
required by divisions (B)(6) and (C)(6) of this section shall 2095
include the study of all of the following documents:2096

        (1) The Declaration of Independence;2097

        (2) The Northwest Ordinance;2098

        (3) The Constitution of the United States with emphasis on 2099
the Bill of Rights;2100

        (4) The Ohio Constitution.2101

        The study of each of the documents prescribed in divisions 2102
(M)(1) to (4) of this section shall include study of that document 2103
in its original context.2104

        The study of American history and government required by 2105
divisions (B)(6) and (C)(6) of this section shall include the 2106
historical evidence of the role of documents such as the 2107
Federalist Papers and the Anti-Federalist Papers to firmly 2108
establish the historical background leading to the establishment 2109
of the provisions of the Constitution and Bill of Rights.2110

       Sec. 3313.61.  (A) A diploma shall be granted by the board of 2111
education of any city, exempted village, or local school district 2112
that operates a high school to any person to whom all of the 2113
following apply:2114

       (1) The person has successfully completed the curriculum in 2115
any high school or the individualized education program developed 2116
for the person by any high school pursuant to section 3323.08 of 2117
the Revised Code, or has qualified under division (D) or (F) of 2118
section 3313.603 of the Revised Code, provided that no school 2119
district shall require a student to remain in school for any 2120
specific number of semesters or other terms if the student 2121
completes the required curriculum early;2122

       (2) Subject to section 3313.614 of the Revised Code, the 2123
person has met the assessment requirements of division (A)(2)(a) 2124
or (b) of this section, as applicable.2125

       (a) If the person entered the ninth grade prior to the date 2126
prescribed by rule of the state board of education under division 2127
(D)(2) of section 3301.0712 of the Revised CodeJuly 1, 2015, the 2128
person either:2129

       (i) Has attained at least the applicable scores designated 2130
under division (B)(1) of section 3301.0710 of the Revised Code on 2131
all the assessments required by that division unless the person 2132
was excused from taking any such assessment pursuant to section 2133
3313.532 of the Revised Code or unless division (H)(I) or (L)(M)2134
of this section applies to the person;2135

       (ii) Has satisfied the alternative conditions prescribed in 2136
section 3313.615 of the Revised Code.2137

       (b) If the person entered the ninth grade on or after the 2138
date prescribed by rule of the state board under division (D)(2) 2139
of section 3301.0712 of the Revised CodeJuly 1, 2015, the person 2140
has met the requirements of the entire assessment system2141
requirement prescribed under division (B)(2) ofby section 2142
3301.07103313.618 of the Revised Code, except to the extent that 2143
the person is excused from some portion ofan assessment 2144
prescribed by that assessment systemsection pursuant to section 2145
3313.532 of the Revised Code or division (H)(I) or (L)(M) of this 2146
section.2147

       (3) The person is not eligible to receive an honors diploma 2148
granted pursuant to division (B) of this section.2149

       Except as provided in divisions (C)(D), (E)(F), (J)(K), and 2150
(L)(M) of this section, no diploma shall be granted under this 2151
division to anyone except as provided under this division.2152

       (B) In lieu of a diploma granted under division (A) of this 2153
section, an honors diploma shall be granted, in accordance with 2154
rules of the state board, by any such district board to anyone who 2155
accomplishes all of the following:2156

       (1) Successfully completes the curriculum in any high school 2157
or the individualized education program developed for the person 2158
by any high school pursuant to section 3323.08 of the Revised 2159
Code;2160

       (2) Subject to section 3313.614 of the Revised Code, has met 2161
the assessment requirements of division (B)(2)(a) or (b) of this 2162
section, as applicable.2163

       (a) If the person entered the ninth grade prior to the date 2164
prescribed by rule of the state board of education under division 2165
(D)(2) of section 3301.0712 of the Revised CodeJuly 1, 2015, the 2166
person either:2167

       (i) Has attained at least the applicable scores designated 2168
under division (B)(1) of section 3301.0710 of the Revised Code on 2169
all the assessments required by that division;2170

       (ii) Has satisfied the alternative conditions prescribed in 2171
section 3313.615 of the Revised Code.2172

       (b) If the person entered the ninth grade on or after the 2173
date prescribed by rule of the state board under division (D)(2) 2174
of section 3301.0712 of the Revised CodeJuly 1, 2015, the person 2175
has met the requirements of the entire assessment system2176
requirement prescribed under division (B)(2) of section 3301.07102177
3313.618 of the Revised Code.2178

       (3) Has met additional criteria established by the state 2179
board for the granting of such a diploma. 2180

        An honors diploma shall not be granted to a student who is 2181
subject to the Ohio core curriculum prescribed in division (C) of 2182
section 3313.603 of the Revised Code but elects the option of 2183
division (D) or (F) of that section. Except as provided in 2184
divisions (C)(D), (E)(F), and (J)(K) of this section, no honors 2185
diploma shall be granted to anyone failing to comply with this 2186
division and no more than one honors diploma shall be granted to 2187
any student under this division.2188

       The state board shall adopt rules prescribing the granting of 2189
honors diplomas under this division. These rules may prescribe the 2190
granting of honors diplomas that recognize a student's achievement 2191
as a whole or that recognize a student's achievement in one or 2192
more specific subjects or both. The rules may prescribe the 2193
granting of an honors diploma recognizing technical expertise for 2194
a career-technical student. In any case, the rules shall designate 2195
two or more criteria for the granting of each type of honors 2196
diploma the board establishes under this division and the number 2197
of such criteria that must be met for the granting of that type of 2198
diploma. The number of such criteria for any type of honors 2199
diploma shall be at least one less than the total number of 2200
criteria designated for that type and no one or more particular 2201
criteria shall be required of all persons who are to be granted 2202
that type of diploma.2203

       (C) A diploma or honors diploma granted to a student under 2204
division (A) or (B) of this section may include one or both of the 2205
following endorsements:2206

       (1) Remediation-free endorsement, which is earned by being 2207
determined to be remediation-free, as described under division (F) 2208
of section 3345.061 of the Revised Code, on each of the nationally 2209
standardized assessments in English, mathematics, and reading;2210

       (2) Workforce-ready endorsement, which is earned by attaining 2211
a score that demonstrates workforce readiness and employability on 2212
a nationally recognized job skills assessment selected by the 2213
state board of education under division (D) of section 3301.0712 2214
of the Revised Code or obtaining either an industry-recognized 2215
credential, as described in division (B)(2)(d) of section 3302.03 2216
of the Revised Code, or a license issued by a state agency or 2217
board for practice in a vocation that requires an examination for 2218
issuance of that license.2219

       (D) Any district board administering any of the assessments 2220
required by section 3301.0710 of the Revised Code to any person 2221
requesting to take such assessment pursuant to division (B)(8)(b) 2222
of section 3301.0711 of the Revised Code shall award a diploma to 2223
such person if the person attains at least the applicable scores 2224
designated under division (B)(1) of section 3301.0710 of the 2225
Revised Code on all the assessments administered and if the person 2226
has previously attained the applicable scores on all the other 2227
assessments required by division (B)(1) of that section or has 2228
been exempted or excused from attaining the applicable score on 2229
any such assessment pursuant to division (H)(I) or (L)(M) of this 2230
section or from taking any such assessment pursuant to section 2231
3313.532 of the Revised Code.2232

       (D)(E) Each diploma awarded under this section shall be 2233
signed by the president and treasurer of the issuing board, the 2234
superintendent of schools, and the principal of the high school. 2235
Each diploma shall bear the date of its issue, be in such form as 2236
the district board prescribes, and be paid for out of the 2237
district's general fund.2238

       (E)(F) A person who is a resident of Ohio and is eligible 2239
under state board of education minimum standards to receive a high 2240
school diploma based in whole or in part on credits earned while 2241
an inmate of a correctional institution operated by the state or 2242
any political subdivision thereof, shall be granted such diploma 2243
by the correctional institution operating the programs in which 2244
such credits were earned, and by the board of education of the 2245
school district in which the inmate resided immediately prior to 2246
the inmate's placement in the institution. The diploma granted by 2247
the correctional institution shall be signed by the director of 2248
the institution, and by the person serving as principal of the 2249
institution's high school and shall bear the date of issue.2250

       (F)(G) Persons who are not residents of Ohio but who are 2251
inmates of correctional institutions operated by the state or any 2252
political subdivision thereof, and who are eligible under state 2253
board of education minimum standards to receive a high school 2254
diploma based in whole or in part on credits earned while an 2255
inmate of the correctional institution, shall be granted a diploma 2256
by the correctional institution offering the program in which the 2257
credits were earned. The diploma granted by the correctional 2258
institution shall be signed by the director of the institution and 2259
by the person serving as principal of the institution's high 2260
school and shall bear the date of issue.2261

       (G)(H) The state board of education shall provide by rule for 2262
the administration of the assessments required by section2263
sections 3301.0710 and 3301.0712 of the Revised Code to inmates of 2264
correctional institutions.2265

       (H)(I) Any person to whom all of the following apply shall be 2266
exempted from attaining the applicable score on the assessment in 2267
social studies designated under division (B)(1) of section 2268
3301.0710 of the Revised Code, any American history end-of-course 2269
examination and any American government end-of-course examination 2270
required under division (B)(2) of that section 3301.0712 of the 2271
Revised Code if such an exemption is prescribed by rule of the 2272
state board under division (D)(4)(G)(3) of section 3301.0712 of 2273
the Revised Code, or the test in citizenship designated under 2274
former division (B) of section 3301.0710 of the Revised Code as it 2275
existed prior to September 11, 2001:2276

       (1) The person is not a citizen of the United States;2277

       (2) The person is not a permanent resident of the United 2278
States;2279

       (3) The person indicates no intention to reside in the United 2280
States after the completion of high school.2281

       (I)(J) Notwithstanding division (D) of section 3311.19 and 2282
division (D) of section 3311.52 of the Revised Code, this section 2283
and section 3311.611 of the Revised Code do not apply to the board 2284
of education of any joint vocational school district or any 2285
cooperative education school district established pursuant to 2286
divisions (A) to (C) of section 3311.52 of the Revised Code.2287

       (J)(K) Upon receipt of a notice under division (D) of section 2288
3325.08 or division (D) of section 3328.25 of the Revised Code 2289
that a student has received a diploma under either section, the 2290
board of education receiving the notice may grant a high school 2291
diploma under this section to the student, except that such board 2292
shall grant the student a diploma if the student meets the 2293
graduation requirements that the student would otherwise have had 2294
to meet to receive a diploma from the district. The diploma 2295
granted under this section shall be of the same type the notice 2296
indicates the student received under section 3325.08 or 3328.25 of 2297
the Revised Code.2298

       (K)(L) As used in this division, "limited English proficient 2299
student" has the same meaning as in division (C)(3) of section 2300
3301.0711 of the Revised Code.2301

        Notwithstanding division (C)(3) of section 3301.0711 of the 2302
Revised Code, no limited English proficient student who has not 2303
either attained the applicable scores designated under division 2304
(B)(1) of section 3301.0710 of the Revised Code on all the 2305
assessments required by that division, or met the requirements of 2306
the assessments required by division (B)(2) of thatrequirement 2307
prescribed by section 3313.618 of the Revised Code, shall be 2308
awarded a diploma under this section.2309

       (L)(M) Any student described by division (A)(1) of this 2310
section may be awarded a diploma without attaining the applicable 2311
scores designated on the assessmentsmeeting the requirement2312
prescribed under division (B) ofby section 3301.07103313.618 of 2313
the Revised Code provided an individualized education program 2314
specifically exempts the student from attainingmeeting such 2315
scoresrequirement. This division does not negate the requirement 2316
for such a student to take all suchthe assessments prescribed by 2317
section 3301.0710 or under division (B) of section 3301.0712 of 2318
the Revised Code, or alternate assessments required by division 2319
(C)(1) of section 3301.0711 of the Revised Code, for the purpose 2320
of assessing student progress as required by federal law.2321

       (N) The state board shall not create any additional type of 2322
diploma other than those authorized by this section or section 2323
3313.611, 3313.612, 3325.08, or 3328.25 of the Revised Code.2324

       Sec. 3313.611.  (A) The state board of education shall adopt, 2325
by rule, standards for awarding high school credit equivalent to 2326
credit for completion of high school academic and vocational 2327
education courses to applicants for diplomas under this section. 2328
The standards may permit high school credit to be granted to an 2329
applicant for any of the following:2330

       (1) Work experiences or experiences as a volunteer;2331

       (2) Completion of academic, vocational, or self-improvement 2332
courses offered to persons over the age of twenty-one by a 2333
chartered public or nonpublic school;2334

       (3) Completion of academic, vocational, or self-improvement 2335
courses offered by an organization, individual, or educational 2336
institution other than a chartered public or nonpublic school;2337

       (4) Other life experiences considered by the board to provide 2338
knowledge and learning experiences comparable to that gained in a 2339
classroom setting.2340

       (B) The board of education of any city, exempted village, or 2341
local school district that operates a high school shall grant a 2342
diploma of adult education to any applicant if all of the 2343
following apply:2344

       (1) The applicant is a resident of the district;2345

       (2) The applicant is over the age of twenty-one and has not 2346
been issued a diploma as provided in section 3313.61 of the 2347
Revised Code;2348

       (3) Subject to section 3313.614 of the Revised Code, the 2349
applicant has met the assessment requirements of division 2350
(B)(3)(a) or (b) of this section, as applicable.2351

       (a) Prior to the date prescribed by rule of the state board 2352
under division (D)(3) of section 3301.0712 of the Revised Code2353
July 1, 2015, the applicant either:2354

       (i) Has attained the applicable scores designated under 2355
division (B)(1) of section 3301.0710 of the Revised Code on all of 2356
the assessments required by that division or was excused or 2357
exempted from any such assessment pursuant to section 3313.532 or 2358
was exempted from attaining the applicable score on any such 2359
assessment pursuant to division (H)(I) or (L)(M) of section 2360
3313.61 of the Revised Code;2361

       (ii) Has satisfied the alternative conditions prescribed in 2362
section 3313.615 of the Revised Code.2363

       (b) On or after the date prescribed by rule of the state 2364
board under division (D)(3) of section 3301.0712 of the Revised 2365
CodeJuly 1, 2015, has met the requirements of the entire 2366
assessment systemrequirement prescribed under division (B)(2) of2367
by section 3301.07103313.618 of the Revised Code, except and only 2368
to the extent that the applicant is excused from some portion of 2369
that assessment systemsection pursuant to section 3313.532 of the 2370
Revised Code or division (H)(I) or (L)(M) of section 3313.61 of 2371
the Revised Code.2372

       (4) The district board determines, in accordance with the 2373
standards adopted under division (A) of this section, that the 2374
applicant has attained sufficient high school credits, including 2375
equivalent credits awarded under such standards, to qualify as 2376
having successfully completed the curriculum required by the 2377
district for graduation.2378

       (C) If a district board determines that an applicant is not 2379
eligible for a diploma under division (B) of this section, it 2380
shall inform the applicant of the reason the applicant is 2381
ineligible and shall provide a list of any courses required for 2382
the diploma for which the applicant has not received credit. An 2383
applicant may reapply for a diploma under this section at any 2384
time.2385

       (D) If a district board awards an adult education diploma 2386
under this section, the president and treasurer of the board and 2387
the superintendent of schools shall sign it. Each diploma shall 2388
bear the date of its issuance, be in such form as the district 2389
board prescribes, and be paid for from the district's general 2390
fund, except that the state board may by rule prescribe standard 2391
language to be included on each diploma.2392

       (E) As used in this division, "limited English proficient 2393
student" has the same meaning as in division (C)(3) of section 2394
3301.0711 of the Revised Code.2395

        Notwithstanding division (C)(3) of section 3301.0711 of the 2396
Revised Code, no limited English proficient student who has not 2397
either attained the applicable scores designated under division 2398
(B)(1) of section 3301.0710 of the Revised Code on all the 2399
assessments required by that division, or has not met the 2400
requirements of the assessments requiredrequirement prescribed by 2401
division (B)(2) of that section 3313.618 of the Revised Code, 2402
shall be awarded a diploma under this section.2403

       Sec. 3313.612.  (A) No nonpublic school chartered by the 2404
state board of education shall grant a high school diploma to any 2405
person unless, subject to section 3313.614 of the Revised Code, 2406
the person has met the assessment requirements of division (A)(1) 2407
or (2) of this section, as applicable.2408

       (1) If the person entered the ninth grade prior to the date 2409
prescribed by rule of the state board under division (D)(2) of 2410
section 3301.0712 of the Revised CodeJuly 1, 2015, the person has 2411
attained at least the applicable scores designated under division 2412
(B)(1) of section 3301.0710 of the Revised Code on all the 2413
assessments required by that division, or has satisfied the 2414
alternative conditions prescribed in section 3313.615 of the 2415
Revised Code.2416

       (2) If the person entered the ninth grade on or after the 2417
date prescribed by rule of the state board under division (E)(2) 2418
of section 3301.0712 of the Revised CodeJuly 1, 2015, the person 2419
has met the requirements of the entire assessment system2420
requirement prescribed under division (B)(2) ofby section 2421
3301.07103313.618 of the Revised Code.2422

       (B) This section does not apply to anyeither of the 2423
following:2424

       (1) Any person with regard to any assessment from which the 2425
person was excused pursuant to division (C)(1)(c) of section 2426
3301.0711 of the Revised Code;2427

       (2) Any person that attends a nonpublic school accredited 2428
through the independent school association of the central states 2429
with regard to any end-of-course examination required under 2430
divisions (B)(2) and (3) of section 3301.0712 of the Revised Code;2431

       (3) Any person with regard to the social studies assessment 2432
under division (B)(1) of section 3301.0710 of the Revised Code, 2433
any American history end-of-course examination and any American 2434
government end-of-course examination required under division 2435
(B)(2) of that section 3301.0712 of the Revised Code if such an 2436
exemption is prescribed by rule of the state board of education 2437
under division (D)(4)(G)(3) of section 3301.0712 of the Revised 2438
Code, or the citizenship test under former division (B) of section 2439
3301.0710 of the Revised Code as it existed prior to September 11, 2440
2001, if all of the following apply:2441

       (a) The person is not a citizen of the United States;2442

       (b) The person is not a permanent resident of the United 2443
States;2444

       (c) The person indicates no intention to reside in the United 2445
States after completion of high school.2446

       (C) As used in this division, "limited English proficient 2447
student" has the same meaning as in division (C)(3) of section 2448
3301.0711 of the Revised Code.2449

        Notwithstanding division (C)(3) of section 3301.0711 of the 2450
Revised Code, no limited English proficient student who has not 2451
either attained the applicable scores designated under division 2452
(B)(1) of section 3301.0710 of the Revised Code on all the 2453
assessments required by that division, or met the requirements of 2454
the assessments under division (B)(2) of thatrequirement 2455
prescribed by section 3313.618 of the Revised Code, shall be 2456
awarded a diploma under this section.2457

       Sec. 3313.614.  (A) As used in this section, a person 2458
"fulfills the curriculum requirement for a diploma" at the time 2459
one of the following conditions is satisfied:2460

       (1) The person successfully completes the high school 2461
curriculum of a school district, a community school, a chartered 2462
nonpublic school, or a correctional institution.2463

       (2) The person successfully completes the individualized 2464
education program developed for the person under section 3323.08 2465
of the Revised Code.2466

       (3) A board of education issues its determination under 2467
section 3313.611 of the Revised Code that the person qualifies as 2468
having successfully completed the curriculum required by the 2469
district.2470

       (B) This division specifies the assessment requirements that 2471
must be fulfilled as a condition toward granting high school 2472
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 2473
of the Revised Code.2474

       (1) A person who fulfills the curriculum requirement for a 2475
diploma before September 15, 2000, is not required to pass any 2476
proficiency test or achievement test in science as a condition to 2477
receiving a diploma.2478

       (2) A person who began ninth grade prior to July 1, 2003, is 2479
not required to pass the Ohio graduation test prescribed under 2480
division (B)(1) of section 3301.0710 or any assessment prescribed 2481
under division (B)(2) of that section in any subject as a 2482
condition to receiving a diploma once the person has passed the 2483
ninth grade proficiency test in the same subject, so long as the 2484
person passed the ninth grade proficiency test prior to September 2485
15, 2008. However, any such person who passes the Ohio graduation 2486
test in any subject prior to passing the ninth grade proficiency 2487
test in the same subject shall be deemed to have passed the ninth 2488
grade proficiency test in that subject as a condition to receiving 2489
a diploma. For this purpose, the ninth grade proficiency test in 2490
citizenship substitutes for the Ohio graduation test in social 2491
studies. If a person began ninth grade prior to July 1, 2003, but 2492
does not pass a ninth grade proficiency test or the Ohio 2493
graduation test in a particular subject before September 15, 2008, 2494
and passage of a test in that subject is a condition for the 2495
person to receive a diploma, the person must pass the Ohio 2496
graduation test instead of the ninth grade proficiency test in 2497
that subject to receive a diploma.2498

       (3) A person who begins ninth grade on or after July 1, 2003, 2499
in a school district, community school, or chartered nonpublic 2500
school is not eligible to receive a diploma based on passage of 2501
ninth grade proficiency tests. Each such person who begins ninth 2502
grade prior to the date prescribed by the state board of education 2503
under division (D)(5) of section 3301.0712 of the Revised Code2504
July 1, 2015, must pass Ohio graduation tests to meet the 2505
assessment requirements applicable to that person as a condition 2506
to receiving a diploma.2507

        (4) A person who begins ninth grade on or after the date 2508
prescribed by the state board of education under division (D)(5) 2509
of section 3301.0712 of the Revised CodeJuly 1, 2015, is not 2510
eligible to receive a diploma based on passage of the Ohio 2511
graduation tests. Each such person must meet the requirements of 2512
the entire assessment systemrequirement prescribed under division 2513
(B)(2) ofby section 3301.07103313.618 of the Revised Code.2514

       (C) This division specifies the curriculum requirement that 2515
shall be completed as a condition toward granting high school 2516
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 2517
of the Revised Code.2518

       (1) A person who is under twenty-two years of age when the 2519
person fulfills the curriculum requirement for a diploma shall 2520
complete the curriculum required by the school district or school 2521
issuing the diploma for the first year that the person originally 2522
enrolled in high school, except for a person who qualifies for 2523
graduation from high school under either division (D) or (F) of 2524
section 3313.603 of the Revised Code.2525

       (2) Once a person fulfills the curriculum requirement for a 2526
diploma, the person is never required, as a condition of receiving 2527
a diploma, to meet any different curriculum requirements that take 2528
effect pending the person's passage of proficiency tests or 2529
achievement tests or assessments, including changes mandated by 2530
section 3313.603 of the Revised Code, the state board, a school 2531
district board of education, or a governing authority of a 2532
community school or chartered nonpublic school.2533

       Sec. 3313.615.  This section shall apply to diplomas awarded 2534
after September 15, 2006, to students who are required to take the 2535
five Ohio graduation tests prescribed by division (B)(1) of 2536
section 3301.0710 of the Revised Code. This section does not apply 2537
to any student who enters ninth grade for the first time on or 2538
after July 1, 2015.2539

       (A) As an alternative to the requirement that a person attain 2540
the scores designated under division (B)(1) of section 3301.0710 2541
of the Revised Code on all the assessments required under that 2542
division in order to be eligible for a high school diploma or an 2543
honors diploma under sections 3313.61, 3313.612, or 3325.08 of the 2544
Revised Code or for a diploma of adult education under section 2545
3313.611 of the Revised Code, a person who has attained at least 2546
the applicable scores designated under division (B)(1) of section 2547
3301.0710 of the Revised Code on all but one of the assessments 2548
required by that division and from which the person was not 2549
excused or exempted, pursuant to division (L)(M) of section 2550
3313.61, division (B)(1) of section 3313.612, or section 3313.532 2551
of the Revised Code, may be awarded a diploma or honors diploma if 2552
the person has satisfied all of the following conditions:2553

       (1) On the one assessment required under division (B)(1) of 2554
section 3301.0710 of the Revised Code for which the person failed 2555
to attain the designated score, the person missed that score by 2556
ten points or less;2557

       (2) Has a ninety-seven per cent school attendance rate in 2558
each of the last four school years, excluding any excused 2559
absences;2560

       (3) Has not been expelled from school under section 3313.66 2561
of the Revised Code in any of the last four school years;2562

       (4) Has a grade point average of at least 2.5 out of 4.0, or 2563
its equivalent as designated in rules adopted by the state board 2564
of education, in the subject area of the assessment required under 2565
division (B)(1) of section 3301.0710 of the Revised Code for which 2566
the person failed to attain the designated score;2567

       (5) Has completed the high school curriculum requirements 2568
prescribed in section 3313.603 of the Revised Code or has 2569
qualified under division (D) or (F) of that section;2570

       (6) Has taken advantage of any intervention programs provided 2571
by the school district or school in the subject area described in 2572
division (A)(4) of this section and has a ninety-seven per cent 2573
attendance rate, excluding any excused absences, in any of those 2574
programs that are provided at times beyond the normal school day, 2575
school week, or school year or has received comparable 2576
intervention services from a source other than the school district 2577
or school;2578

       (7) Holds a letter recommending graduation from each of the 2579
person's high school teachers in the subject area described in 2580
division (A)(4) of this section and from the person's high school 2581
principal.2582

       (B) The state board of education shall establish rules 2583
designating grade point averages equivalent to the average 2584
specified in division (A)(4) of this section for use by school 2585
districts and schools with different grading systems.2586

       (C) Any student who is exempt from attaining the applicable 2587
score designated under division (B)(1) of section 3301.0710 of the 2588
Revised Code on the Ohio graduation test in social studies 2589
pursuant to division (H)(I) of section 3313.61 or division 2590
(B)(3)(2) of section 3313.612 of the Revised Code shall not 2591
qualify for a high school diploma under this section, unless, 2592
notwithstanding the exemption, the student attains the applicable 2593
score on that assessment. If the student attains the applicable 2594
score on that assessment, the student may qualify for a diploma 2595
under this section in the same manner as any other student who is 2596
required to take the five Ohio graduation tests prescribed by 2597
division (B)(1) of section 3301.0710 of the Revised Code.2598

       Sec. 3313.618. (A) Except as provided in section 3314.019 of 2599
the Revised Code, in addition to the applicable curriculum 2600
requirements, each student entering ninth grade for the first time 2601
on or after July 1, 2015, shall satisfy at least one of the 2602
following conditions in order to qualify for a high school 2603
diploma:2604

       (1) Be remediation-free, in accordance with standards adopted 2605
under division (F) of section 3345.061 of the Revised Code, on 2606
each of the nationally standardized assessments in English, 2607
mathematics, and reading;2608

       (2) Be remediation-free, in accordance with the standards 2609
established by the state board of education, on both the 2610
end-of-course examinations in English III and algebra II, or the 2611
equivalent of algebra II, prescribed under division (B) of section 2612
3301.0712 of the Revised Code;2613

       (3) Attain a score specified under division (B)(4)(c) of 2614
section 3301.0712 of the Revised Code on the end-of-course 2615
examinations prescribed under division (B) of section 3301.0712 of 2616
the Revised Code;2617

       (4) Attain a score that demonstrates workforce readiness and 2618
employability on a nationally recognized job skills assessment 2619
selected by the state board of education under division (D) of 2620
section 3301.0712 of the Revised Code or obtain either an 2621
industry-recognized credential, as described under division 2622
(B)(2)(d) of section 3302.03 of the Revised Code, or a license 2623
issued by a state agency or board for practice in a vocation that 2624
requires an examination for issuance of that license.2625

       A student may choose to qualify for a high school diploma by 2626
satisfying any of the separate requirements prescribed by division 2627
(A)(1) to (4) of this section. If the student's school district or 2628
school does not administer the examination prescribed by one of 2629
those divisions that the student chooses to take to satisfy the 2630
requirements of this section, the school district or school may 2631
require that student to arrange for the applicable scores to be 2632
sent directly to the district or school by the company or 2633
organization that administers the examination.2634

       (B) The state board of education shall not create or require 2635
any additional assessment for the granting of any type of high 2636
school diploma other than as prescribed by this section. 2637

       Sec. 3313.976.  (A) No private school may receive scholarship 2638
payments from parents pursuant to section 3313.979 of the Revised 2639
Code until the chief administrator of the private school registers 2640
the school with the superintendent of public instruction. The 2641
state superintendent shall register any school that meets the 2642
following requirements:2643

       (1) The school is located within the boundaries of the pilot 2644
project school district;2645

       (2) The school indicates in writing its commitment to follow 2646
all requirements for a state-sponsored scholarship program 2647
specified under sections 3313.974 to 3313.979 of the Revised Code, 2648
including, but not limited to, the requirements for admitting 2649
students pursuant to section 3313.977 of the Revised Code;2650

       (3) The school meets all state minimum standards for 2651
chartered nonpublic schools in effect on July 1, 1992, except that 2652
the state superintendent at the superintendent's discretion may 2653
register nonchartered nonpublic schools meeting the other 2654
requirements of this division;2655

       (4) The school does not discriminate on the basis of race, 2656
religion, or ethnic background;2657

       (5) The school enrolls a minimum of ten students per class or 2658
a sum of at least twenty-five students in all the classes offered;2659

       (6) The school does not advocate or foster unlawful behavior 2660
or teach hatred of any person or group on the basis of race, 2661
ethnicity, national origin, or religion;2662

       (7) The school does not provide false or misleading 2663
information about the school to parents, students, or the general 2664
public;2665

       (8) For students in grades kindergarten through eight with 2666
family incomes at or below two hundred per cent of the federal 2667
poverty guidelines, as defined in section 5104.46 of the Revised 2668
Code, the school agrees not to charge any tuition in excess of the 2669
scholarship amount established pursuant to division (C)(1) of 2670
section 3313.978 of the Revised Code, excluding any increase 2671
described in division (C)(2) of that section. 2672

       (9) For students in grades kindergarten through eight with 2673
family incomes above two hundred per cent of the federal poverty 2674
guidelines, whose scholarship amounts are less than the actual 2675
tuition charge of the school, the school agrees not to charge any 2676
tuition in excess of the difference between the actual tuition 2677
charge of the school and the scholarship amount established 2678
pursuant to division (C)(1) of section 3313.978 of the Revised 2679
Code, excluding any increase described in division (C)(2) of that 2680
section. The school shall permit such tuition, at the discretion 2681
of the parent, to be satisfied by the family's provision of 2682
in-kind contributions or services.2683

       (10) The school agrees not to charge any tuition to families 2684
of students in grades nine through twelve receiving a scholarship 2685
in excess of the actual tuition charge of the school less the 2686
scholarship amount established pursuant to division (C)(1) of 2687
section 3313.978 of the Revised Code, excluding any increase 2688
described in division (C)(2) of that section.2689

       (11) If the school is not subject to division (K)(1)(a) of 2690
section 3301.0711 of the Revised Code, it annually administers the 2691
applicable assessments prescribed by section 3301.0710 or 2692
3301.0712 of the Revised Code to each scholarship student enrolled 2693
in the school in accordance with section 3301.0711 or 3301.0712 of 2694
the Revised Code and reports to the department of education the 2695
results of each such assessment administered to each scholarship 2696
student.2697

       (B) The state superintendent shall revoke the registration of 2698
any school if, after a hearing, the superintendent determines that 2699
the school is in violation of any of the provisions of division 2700
(A) of this section.2701

       (C) Any public school located in a school district adjacent 2702
to the pilot project district may receive scholarship payments on 2703
behalf of parents pursuant to section 3313.979 of the Revised Code 2704
if the superintendent of the district in which such public school 2705
is located notifies the state superintendent prior to the first 2706
day of March that the district intends to admit students from the 2707
pilot project district for the ensuing school year pursuant to 2708
section 3327.06 of the Revised Code.2709

       (D) Any parent wishing to purchase tutorial assistance from 2710
any person or governmental entity pursuant to the pilot project 2711
program under sections 3313.974 to 3313.979 of the Revised Code 2712
shall apply to the state superintendent. The state superintendent 2713
shall approve providers who appear to possess the capability of 2714
furnishing the instructional services they are offering to 2715
provide.2716

       Sec. 3314.017.  (A) The state board of education shall 2717
prescribe by rules, adopted in accordance with Chapter 119. of the 2718
Revised Code, an academic performance rating and report card 2719
system that satisfies the requirements of this section for 2720
community schools that primarily serve students enrolled in 2721
dropout prevention and recovery programs as described in division 2722
(A)(4)(a) of section 3314.35 of the Revised Code, to be used in 2723
lieu of the system prescribed under sections 3302.03 and 3314.012 2724
of the Revised Code beginning with the 2012-2013 school year. Each 2725
such school shall comply with the testing and reporting 2726
requirements of the system as prescribed by the state board.2727

       (B) Nothing in this section shall at any time relieve a 2728
school from its obligations under the "No Child Left Behind Act of 2729
2001" to make "adequate yearly progress," as both that act and 2730
that term are defined in section 3302.01 of the Revised Code, or a 2731
school's amenability to the provisions of section 3302.04 or 2732
3302.041 of the Revised Code. The department shall continue to 2733
report each school's performance as required by the act and to 2734
enforce applicable sanctions under section 3302.04 or 3302.041 of 2735
the Revised Code. 2736

       (C) The rules adopted by the state board shall prescribe the 2737
following performance indicators for the rating and report card 2738
system required by this section:2739

       (1) Graduation rate for each of the following student 2740
cohorts:2741

       (a) The number of students who graduate in four years or less 2742
with a regular high school diploma divided by the number of 2743
students who form the adjusted cohort for the graduating class;2744

       (b) The number of students who graduate in five years with a 2745
regular high school diploma divided by the number of students who 2746
form the adjusted cohort for the four-year graduation rate;2747

       (c) The number of students who graduate in six years with a 2748
regular high school diploma divided by the number of students who 2749
form the adjusted cohort for the four-year graduation rate;2750

       (d) The number of students who graduate in seven years with a 2751
regular high school diploma divided by the number of students who 2752
form the adjusted cohort for the four-year graduation rate;2753

       (e) The number of students who graduate in eight years with a 2754
regular high school diploma divided by the number of students who 2755
form the adjusted cohort for the four-year graduation rate.2756

       (2) The percentage of twelfth-grade students currently 2757
enrolled in the school and other students enrolled in the school, 2758
regardless of grade level, who are within three months of their 2759
twenty-second birthday who have attainedsatisfied one of the 2760
following conditions:2761

       (a) Attained the designated passing score on all of the 2762
applicable state high school achievement assessments required 2763
under division (B)(1) or (2) of section 3301.0710 of the Revised 2764
Code and other students enrolled in the school, regardless of 2765
grade level, who are within three months of their twenty-second 2766
birthday and have attained the designated passing score on all of 2767
the applicable state high school achievement assessments by their 2768
twenty-second birthday;or met the requirement of section 3313.618 2769
of the Revised Code, as applicable;2770

       (b) Attained a minimum passing score on the assessments 2771
prescribed under division (B) of section 3314.019 of the Revised 2772
Code;2773

       (c) Attained a score that demonstrates workforce readiness 2774
and employability on a nationally recognized job skills assessment 2775
selected by the state board under division (D) of section 2776
3301.0712 of the Revised Code.2777

       (3) Annual measurable objectives as defined in section 2778
3302.01 of the Revised Code;2779

        (4) Growth in student achievement in reading, or mathematics, 2780
or both as measured by separate nationally norm-referenced 2781
assessments that have developed appropriate standards for students 2782
enrolled in dropout prevention and recovery programs, adopted or 2783
approved by the state board.2784

       (D)(1) The state board's rules shall prescribe the expected 2785
performance levels and benchmarks for each of the indicators 2786
prescribed by division (C) of this section based on the data 2787
gathered by the department under division (F) of this section. 2788
Based on a school's level of attainment or nonattainment of the 2789
expected performance levels and benchmarks for each of the 2790
indicators, the department shall rate each school in one of the 2791
following categories:2792

       (a) Exceeds standards;2793

       (b) Meets standards;2794

       (c) Does not meet standards.2795

       (2) The state board's rules shall establish all of the 2796
following:2797

       (a) Not later than June 30, 2013, performance levels and 2798
benchmarks for the indicators described in divisions (C)(1) to (3) 2799
of this section;2800

       (b) Not later than December 31, 2014, both of the following:2801

       (i) Performance levels and benchmarks for the indicator 2802
described in division (C)(4) of this section;2803

       (ii) Standards for awarding a community school described in 2804
division (A)(4)(a) of section 3314.35 of the Revised Code an 2805
overall designation, which shall be calculated as follows:2806

       (I) Thirty per cent of the score shall be based on the 2807
indicators described in division (C)(1) of this section that are 2808
applicable to the school year for which the overall designation is 2809
granted.2810

       (II) Thirty per cent of the score shall be based on the 2811
indicators described in division (C)(4) of this section.2812

       (III) Twenty per cent of the score shall be based on the 2813
indicators described in division (C)(2) of this section.2814

       (IV) Twenty per cent of the score shall be based on the 2815
indicators described in division (C)(3) of this section.2816

       (3) If both of the indicators described in divisions (C)(1) 2817
and (2) of this section improve by ten per cent for two 2818
consecutive years, a school shall be rated not less than "meets 2819
standards."2820

       The rating and the relevant performance data for each school 2821
shall be posted on the department's web site, and a copy of the 2822
rating and data shall be provided to the governing authority of 2823
the community school. 2824

       (E)(1) For the 2012-2013 school year, the department shall 2825
issue a report card including the following performance measures, 2826
but without a performance rating as described in divisions 2827
(D)(1)(a) to (c) of this section, for each community school 2828
described in division (A)(4)(a) of section 3314.35 of the Revised 2829
Code:2830

       (a) The graduation rates as described in divisions (C)(1)(a) 2831
to (c) of this section;2832

       (b) The percentage of twelfth-grade students and other 2833
students who have attained a designated passing score on high 2834
school achievement assessments as described in division (C)(2)(a)2835
of this section;2836

       (c) The statewide average for the graduation rates and 2837
assessment passage rates described in divisions (C)(1)(a) to (c) 2838
and (C)(2)(a) of this section;2839

        (d) Annual measurable objectives described in division (C)(3) 2840
of this section.2841

       (2) For the 2013-2014 school year, the department shall issue 2842
a report card including the following performance measures for 2843
each community school described in division (A)(4)(a) of section 2844
3314.35 of the Revised Code:2845

       (a) The graduation rates described in divisions (C)(1)(a) to 2846
(d) of this section, including a performance rating as described 2847
in divisions (D)(1)(a) to (c) of this section;2848

       (b) The percentage of twelfth-grade students and other 2849
students who have attained a designated passing score on high 2850
school achievement assessments as described in division (C)(2)(a)2851
of this section, including a performance rating as described in 2852
divisions (D)(1)(a) to (c) of this section;2853

       (c) Annual measurable objectives described in division (C)(3) 2854
of this section, including a performance rating as described in 2855
divisions (D)(1)(a) to (c) of this section;2856

        (d) Both of the following without an assigned rating:2857

        (i) Growth in annual student achievement in reading and 2858
mathematics described in division (C)(4) of this section, if 2859
available;2860

       (ii) Student outcome data, including postsecondary credit 2861
earned, nationally recognized career or technical certification, 2862
military enlistment, job placement, and attendance rate. 2863

       (3) Beginning with the 2014-2015 school year, and annually 2864
thereafter, the department shall issue a report card for each 2865
community school described in division (A)(4)(a) of section 2866
3314.35 of the Revised Code that includes all of the following 2867
performance measures, including a performance rating for each 2868
measure as described in divisions (D)(1)(a) to (c) of this 2869
section:2870

       (a) The graduation rates as described in division (C)(1) of 2871
this section;2872

       (b) The percentage of twelfth-grade students and other 2873
students who have attained a designated passing score on high 2874
school achievement assessments asmet a condition described in 2875
division (C)(2) of this section as selected by the state board;2876

       (c) Annual measurable objectives described in division (C)(3) 2877
of this section, including a performance rating as described in 2878
divisions (D)(1)(a) to (c) of this section;2879

        (d) Growth in annual student achievement in reading and 2880
mathematics as described in division (C)(4) of this section;2881

       (e) An overall performance designation for the school 2882
calculated under rules adopted under division (D)(2) of this 2883
section.2884

       The department shall also include student outcome data, 2885
including postsecondary credit earned, nationally recognized 2886
career or technical certification, military enlistment, job 2887
placement, attendance rate, and progress on closing achievement 2888
gaps for each school. This information shall not be included in 2889
the calculation of a school's performance rating.2890

        (F) In developing the rating and report card system required 2891
by this section, during the 2012-2013 and 2013-2014 school years, 2892
the department shall gather and analyze data as determined 2893
necessary from each community school described in division 2894
(A)(4)(a) of section 3314.35 of the Revised Code. Each such school 2895
shall cooperate with the department by supplying requested data 2896
and administering required assessments, including sample 2897
assessments for purposes of measuring student achievement growth 2898
as described in division (C)(4) of this section. The department 2899
shall consult with stakeholder groups in performing its duties 2900
under this division.2901

       The department shall also identify one or more states that 2902
have established or are in the process of establishing similar 2903
academic performance rating systems for dropout prevention and 2904
recovery programs and consult with the departments of education of 2905
those states in developing the system required by this section.2906

       (G) Not later than December 31, 2014, the state board shall 2907
review the performance levels and benchmarks for performance 2908
indicators in the report card issued under this section and may 2909
revise them based on the data collected under division (F) of this 2910
section.2911

       Sec. 3314.019. (A) Beginning July 1, 2015, in addition to the 2912
applicable curriculum requirements, each student enrolled in a 2913
community school that primarily serves students enrolled in 2914
dropout prevention and recovery programs, as described in division 2915
(A)(4)(a) of section 3314.35 of the Revised Code, shall satisfy at 2916
least one of the following conditions in order to qualify for a 2917
high school diploma:2918

       (1) Satisfy one of the conditions prescribed in section 2919
3313.618 of the Revised Code;2920

       (2) Attain a minimum passing score on each of the assessments 2921
prescribed under division (B) of this section;2922

       (3) Attain a score that demonstrates workforce readiness and 2923
employability on a nationally recognized job skills assessment 2924
selected by the state board of education under division (D) of 2925
section 3301.0712 of the Revised Code.2926

       (B) Not later than July 1, 2015, the state board shall adopt 2927
rules, in accordance with Chapter 119. of the Revised Code, to 2928
designate for students enrolled in a dropout prevention and 2929
recovery program assessments in mathematics, science, social 2930
studies, and English language arts that evaluate a student's 2931
demonstration of general knowledge in a specific content area. The 2932
state board shall designate a minimum passing score for each of 2933
the assessments necessary to satisfy the requirement prescribed in 2934
division (A)(2) of this section.2935

       Sec. 3314.03.  A copy of every contract entered into under 2936
this section shall be filed with the superintendent of public 2937
instruction. The department of education shall make available on 2938
its web site a copy of every approved, executed contract filed 2939
with the superintendent under this section.2940

       (A) Each contract entered into between a sponsor and the 2941
governing authority of a community school shall specify the 2942
following:2943

       (1) That the school shall be established as either of the 2944
following:2945

       (a) A nonprofit corporation established under Chapter 1702. 2946
of the Revised Code, if established prior to April 8, 2003;2947

       (b) A public benefit corporation established under Chapter 2948
1702. of the Revised Code, if established after April 8, 2003.2949

       (2) The education program of the school, including the 2950
school's mission, the characteristics of the students the school 2951
is expected to attract, the ages and grades of students, and the 2952
focus of the curriculum;2953

       (3) The academic goals to be achieved and the method of 2954
measurement that will be used to determine progress toward those 2955
goals, which shall include the statewide achievement assessments;2956

       (4) Performance standards by which the success of the school 2957
will be evaluated by the sponsor;2958

       (5) The admission standards of section 3314.06 of the Revised 2959
Code and, if applicable, section 3314.061 of the Revised Code;2960

       (6)(a) Dismissal procedures;2961

       (b) A requirement that the governing authority adopt an 2962
attendance policy that includes a procedure for automatically 2963
withdrawing a student from the school if the student without a 2964
legitimate excuse fails to participate in one hundred five 2965
consecutive hours of the learning opportunities offered to the 2966
student.2967

       (7) The ways by which the school will achieve racial and 2968
ethnic balance reflective of the community it serves;2969

       (8) Requirements for financial audits by the auditor of 2970
state. The contract shall require financial records of the school 2971
to be maintained in the same manner as are financial records of 2972
school districts, pursuant to rules of the auditor of state. 2973
Audits shall be conducted in accordance with section 117.10 of the 2974
Revised Code.2975

       (9) The facilities to be used and their locations;2976

       (10) Qualifications of teachers, including a requirement that 2977
the school's classroom teachers be licensed in accordance with 2978
sections 3319.22 to 3319.31 of the Revised Code, except that a 2979
community school may engage noncertificated persons to teach up to 2980
twelve hours per week pursuant to section 3319.301 of the Revised 2981
Code.2982

       (11) That the school will comply with the following 2983
requirements:2984

       (a) The school will provide learning opportunities to a 2985
minimum of twenty-five students for a minimum of nine hundred 2986
twenty hours per school year.2987

       (b) The governing authority will purchase liability 2988
insurance, or otherwise provide for the potential liability of the 2989
school.2990

       (c) The school will be nonsectarian in its programs, 2991
admission policies, employment practices, and all other 2992
operations, and will not be operated by a sectarian school or 2993
religious institution.2994

       (d) The school will comply with sections 9.90, 9.91, 109.65, 2995
121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 2996
3301.0712, 3301.0715, 3301.946, 3313.472, 3313.50, 3313.536, 2997
3313.539, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 2998
3313.6015, 3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 2999
3313.662, 3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3000
3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3001
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3002
3319.321, 3319.39, 3319.391, 3319.41, 3321.01, 3321.041, 3321.13, 3003
3321.14, 3321.17, 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 3004
4113.52, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3005
3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it 3006
were a school district and will comply with section 3301.0714 of 3007
the Revised Code in the manner specified in section 3314.17 of the 3008
Revised Code.3009

       (e) The school shall comply with Chapter 102. and section 3010
2921.42 of the Revised Code.3011

       (f) The school will comply with sections 3313.61, 3313.611, 3012
and 3313.614 of the Revised Code, except that for students who 3013
enter ninth grade for the first time before July 1, 2010, the 3014
requirement in sections 3313.61 and 3313.611 of the Revised Code 3015
that a person must successfully complete the curriculum in any 3016
high school prior to receiving a high school diploma may be met by 3017
completing the curriculum adopted by the governing authority of 3018
the community school rather than the curriculum specified in Title 3019
XXXIII of the Revised Code or any rules of the state board of 3020
education. Beginning with students who enter ninth grade for the 3021
first time on or after July 1, 2010, the requirement in sections 3022
3313.61 and 3313.611 of the Revised Code that a person must 3023
successfully complete the curriculum of a high school prior to 3024
receiving a high school diploma shall be met by completing the 3025
Ohio core curriculum prescribed in division (C) of section 3026
3313.603 of the Revised Code, unless the person qualifies under 3027
division (D) or (F) of that section. Each school shall comply with 3028
the plan for awarding high school credit based on demonstration of 3029
subject area competency, adopted by the state board of education 3030
under division (J) of section 3313.603 of the Revised Code.3031

       (g) The school governing authority will submit within four 3032
months after the end of each school year a report of its 3033
activities and progress in meeting the goals and standards of 3034
divisions (A)(3) and (4) of this section and its financial status 3035
to the sponsor and the parents of all students enrolled in the 3036
school.3037

       (h) The school, unless it is an internet- or computer-based 3038
community school, will comply with section 3313.801 of the Revised 3039
Code as if it were a school district.3040

       (i) If the school is the recipient of moneys from a grant 3041
awarded under the federal race to the top program, Division (A), 3042
Title XIV, Sections 14005 and 14006 of the "American Recovery and 3043
Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the 3044
school will pay teachers based upon performance in accordance with 3045
section 3317.141 and will comply with section 3319.111 of the 3046
Revised Code as if it were a school district.3047

       (12) Arrangements for providing health and other benefits to 3048
employees;3049

       (13) The length of the contract, which shall begin at the 3050
beginning of an academic year. No contract shall exceed five years 3051
unless such contract has been renewed pursuant to division (E) of 3052
this section.3053

       (14) The governing authority of the school, which shall be 3054
responsible for carrying out the provisions of the contract;3055

       (15) A financial plan detailing an estimated school budget 3056
for each year of the period of the contract and specifying the 3057
total estimated per pupil expenditure amount for each such year. 3058

       (16) Requirements and procedures regarding the disposition of 3059
employees of the school in the event the contract is terminated or 3060
not renewed pursuant to section 3314.07 of the Revised Code;3061

       (17) Whether the school is to be created by converting all or 3062
part of an existing public school or educational service center 3063
building or is to be a new start-up school, and if it is a 3064
converted public school or service center building, specification 3065
of any duties or responsibilities of an employer that the board of 3066
education or service center governing board that operated the 3067
school or building before conversion is delegating to the 3068
governing authority of the community school with respect to all or 3069
any specified group of employees provided the delegation is not 3070
prohibited by a collective bargaining agreement applicable to such 3071
employees;3072

       (18) Provisions establishing procedures for resolving 3073
disputes or differences of opinion between the sponsor and the 3074
governing authority of the community school;3075

       (19) A provision requiring the governing authority to adopt a 3076
policy regarding the admission of students who reside outside the 3077
district in which the school is located. That policy shall comply 3078
with the admissions procedures specified in sections 3314.06 and 3079
3314.061 of the Revised Code and, at the sole discretion of the 3080
authority, shall do one of the following:3081

       (a) Prohibit the enrollment of students who reside outside 3082
the district in which the school is located;3083

       (b) Permit the enrollment of students who reside in districts 3084
adjacent to the district in which the school is located;3085

       (c) Permit the enrollment of students who reside in any other 3086
district in the state.3087

       (20) A provision recognizing the authority of the department 3088
of education to take over the sponsorship of the school in 3089
accordance with the provisions of division (C) of section 3314.015 3090
of the Revised Code;3091

       (21) A provision recognizing the sponsor's authority to 3092
assume the operation of a school under the conditions specified in 3093
division (B) of section 3314.073 of the Revised Code;3094

        (22) A provision recognizing both of the following:3095

       (a) The authority of public health and safety officials to 3096
inspect the facilities of the school and to order the facilities 3097
closed if those officials find that the facilities are not in 3098
compliance with health and safety laws and regulations;3099

       (b) The authority of the department of education as the 3100
community school oversight body to suspend the operation of the 3101
school under section 3314.072 of the Revised Code if the 3102
department has evidence of conditions or violations of law at the 3103
school that pose an imminent danger to the health and safety of 3104
the school's students and employees and the sponsor refuses to 3105
take such action.3106

        (23) A description of the learning opportunities that will be 3107
offered to students including both classroom-based and 3108
non-classroom-based learning opportunities that is in compliance 3109
with criteria for student participation established by the 3110
department under division (H)(2) of section 3314.08 of the Revised 3111
Code;3112

       (24) The school will comply with sections 3302.04 and 3113
3302.041 of the Revised Code, except that any action required to 3114
be taken by a school district pursuant to those sections shall be 3115
taken by the sponsor of the school. However, the sponsor shall not 3116
be required to take any action described in division (F) of 3117
section 3302.04 of the Revised Code.3118

       (25) Beginning in the 2006-2007 school year, the school will 3119
open for operation not later than the thirtieth day of September 3120
each school year, unless the mission of the school as specified 3121
under division (A)(2) of this section is solely to serve dropouts. 3122
In its initial year of operation, if the school fails to open by 3123
the thirtieth day of September, or within one year after the 3124
adoption of the contract pursuant to division (D) of section 3125
3314.02 of the Revised Code if the mission of the school is solely 3126
to serve dropouts, the contract shall be void.3127

       (B) The community school shall also submit to the sponsor a 3128
comprehensive plan for the school. The plan shall specify the 3129
following:3130

       (1) The process by which the governing authority of the 3131
school will be selected in the future;3132

       (2) The management and administration of the school;3133

       (3) If the community school is a currently existing public 3134
school or educational service center building, alternative 3135
arrangements for current public school students who choose not to 3136
attend the converted school and for teachers who choose not to 3137
teach in the school or building after conversion;3138

       (4) The instructional program and educational philosophy of 3139
the school;3140

       (5) Internal financial controls.3141

       (C) A contract entered into under section 3314.02 of the 3142
Revised Code between a sponsor and the governing authority of a 3143
community school may provide for the community school governing 3144
authority to make payments to the sponsor, which is hereby 3145
authorized to receive such payments as set forth in the contract 3146
between the governing authority and the sponsor. The total amount 3147
of such payments for oversight and monitoring of the school shall 3148
not exceed three per cent of the total amount of payments for 3149
operating expenses that the school receives from the state.3150

       (D) The contract shall specify the duties of the sponsor 3151
which shall be in accordance with the written agreement entered 3152
into with the department of education under division (B) of 3153
section 3314.015 of the Revised Code and shall include the 3154
following:3155

        (1) Monitor the community school's compliance with all laws 3156
applicable to the school and with the terms of the contract;3157

        (2) Monitor and evaluate the academic and fiscal performance 3158
and the organization and operation of the community school on at 3159
least an annual basis;3160

        (3) Report on an annual basis the results of the evaluation 3161
conducted under division (D)(2) of this section to the department 3162
of education and to the parents of students enrolled in the 3163
community school;3164

        (4) Provide technical assistance to the community school in 3165
complying with laws applicable to the school and terms of the 3166
contract;3167

        (5) Take steps to intervene in the school's operation to 3168
correct problems in the school's overall performance, declare the 3169
school to be on probationary status pursuant to section 3314.073 3170
of the Revised Code, suspend the operation of the school pursuant 3171
to section 3314.072 of the Revised Code, or terminate the contract 3172
of the school pursuant to section 3314.07 of the Revised Code as 3173
determined necessary by the sponsor;3174

        (6) Have in place a plan of action to be undertaken in the 3175
event the community school experiences financial difficulties or 3176
closes prior to the end of a school year.3177

        (E) Upon the expiration of a contract entered into under this 3178
section, the sponsor of a community school may, with the approval 3179
of the governing authority of the school, renew that contract for 3180
a period of time determined by the sponsor, but not ending earlier 3181
than the end of any school year, if the sponsor finds that the 3182
school's compliance with applicable laws and terms of the contract 3183
and the school's progress in meeting the academic goals prescribed 3184
in the contract have been satisfactory. Any contract that is 3185
renewed under this division remains subject to the provisions of 3186
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.3187

       (F) If a community school fails to open for operation within 3188
one year after the contract entered into under this section is 3189
adopted pursuant to division (D) of section 3314.02 of the Revised 3190
Code or permanently closes prior to the expiration of the 3191
contract, the contract shall be void and the school shall not 3192
enter into a contract with any other sponsor. A school shall not 3193
be considered permanently closed because the operations of the 3194
school have been suspended pursuant to section 3314.072 of the 3195
Revised Code. 3196

       Sec. 3314.36. (A) Section 3314.35 of the Revised Code does 3197
not apply to any community school in which a majority of the 3198
students are enrolled in a dropout prevention and recovery program 3199
that is operated by the school and that has been granted a waiver 3200
by the department of education. Until June 30, 2014, the 3201
department shall grant a waiver to a dropout prevention and 3202
recovery program, within sixty days after the program applies for 3203
the waiver, if the program meets all of the following conditions:3204

       (1) The program serves only students not younger than sixteen 3205
years of age and not older than twenty-one years of age.3206

       (2) The program enrolls students who, at the time of their 3207
initial enrollment, either, or both, are at least one grade level 3208
behind their cohort age groups or experience crises that 3209
significantly interfere with their academic progress such that 3210
they are prevented from continuing their traditional programs.3211

       (3) The program requires students to attain at least the 3212
applicable score designated for each of the assessments prescribed 3213
under division (B)(1) of section 3301.0710 of the Revised Code or, 3214
to the extent prescribed by rule of the state board of education 3215
under division (D)(6) of section 3301.0712 of the Revised Code, 3216
division (B)(2) of that section.3217

       (4) The program develops an individual career plan for the 3218
student that specifies the student's matriculating to a two-year 3219
degree program, acquiring a business and industry credential, or 3220
entering an apprenticeship.3221

       (5) The program provides counseling and support for the 3222
student related to the plan developed under division (A)(4) of 3223
this section during the remainder of the student's high school 3224
experience.3225

       (6) Prior to receiving the waiver, the program has submitted 3226
to the department an instructional plan that demonstrates how the 3227
academic content standards adopted by the state board of education 3228
under section 3301.079 of the Revised Code will be taught and 3229
assessed.3230

       If the department does not act either to grant the waiver or 3231
to reject the program application for the waiver within sixty days 3232
as required under this section, the waiver shall be considered to 3233
be granted.3234

       (B) Notwithstanding division (A) of this section, the 3235
department shall not grant a waiver to any community school that 3236
did not qualify for a waiver under this section when it initially 3237
began operations, unless the state board of education approves the 3238
waiver.3239

       (C) Beginning on July 1, 2014, all community schools in which 3240
a majority of the students are enrolled in a dropout prevention 3241
and recovery program are subject to the provisions of section 3242
3314.351 of the Revised Code, regardless of whether a waiver has 3243
been granted under this section. Thereafter, no waivers shall be 3244
granted under this section.3245

       Sec. 3325.08.  (A) A diploma shall be granted by the 3246
superintendent of the state school for the blind and the 3247
superintendent of the state school for the deaf to any student 3248
enrolled in one of these state schools to whom all of the 3249
following apply:3250

       (1) The student has successfully completed the individualized 3251
education program developed for the student for the student's high 3252
school education pursuant to section 3323.08 of the Revised Code;3253

       (2) Subject to section 3313.614 of the Revised Code, the 3254
student has met the assessment requirements of division (A)(2)(a) 3255
or (b) of this section, as applicable.3256

       (a) If the student entered the ninth grade prior to the date 3257
prescribed by rule of the state board of education under division 3258
(D)(2) of section 3301.0712 of the Revised CodeJuly 1, 2015, the 3259
student either:3260

       (i) Has attained at least the applicable scores designated 3261
under division (B)(1) of section 3301.0710 of the Revised Code on 3262
all the assessments prescribed by that division unless division 3263
(L)(M) of section 3313.61 of the Revised Code applies to the 3264
student;3265

       (ii) Has satisfied the alternative conditions prescribed in 3266
section 3313.615 of the Revised Code.3267

       (b) If the student entered the ninth grade on or after the 3268
date prescribed by rule of the state board under division (D)(2) 3269
of section 3301.0712 of the Revised CodeJuly 1, 2015, the student 3270
has met the requirements of the entire assessment system3271
requirement prescribed under division (B)(2) ofby section 3272
3301.07103313.618 of the Revised Code, except to the extent that 3273
division (L)(M) of section 3313.61 of the Revised Code applies to 3274
the student.3275

       (3) The student is not eligible to receive an honors diploma 3276
granted pursuant to division (B) of this section.3277

       No diploma shall be granted under this division to anyone 3278
except as provided under this division.3279

       (B) In lieu of a diploma granted under division (A) of this 3280
section, the superintendent of the state school for the blind and 3281
the superintendent of the state school for the deaf shall grant an 3282
honors diploma, in the same manner that the boards of education of 3283
school districts grant such diplomas under division (B) of section 3284
3313.61 of the Revised Code, to any student enrolled in one of 3285
these state schools who accomplishes all of the following:3286

       (1) Successfully completes the individualized education 3287
program developed for the student for the student's high school 3288
education pursuant to section 3323.08 of the Revised Code;3289

       (2) Subject to section 3313.614 of the Revised Code, has met 3290
the assessment requirements of division (B)(2)(a) or (b) of this 3291
section, as applicable.3292

       (a) If the student entered the ninth grade prior to the date 3293
prescribed by rule of the state board under division (D)(2) of 3294
section 3301.0712 of the Revised CodeJuly 1, 2015, the student 3295
either:3296

       (i) Has attained at least the applicable scores designated 3297
under division (B)(1) of section 3301.0710 of the Revised Code on 3298
all the assessments prescribed under that division;3299

       (ii) Has satisfied the alternative conditions prescribed in 3300
section 3313.615 of the Revised Code.3301

       (b) If the student entered the ninth grade on or after the 3302
date prescribed by rule of the state board under division (D)(2) 3303
of section 3301.0712 of the Revised CodeJuly 1, 2015, the student 3304
has met the requirements of the entire assessment system3305
requirement prescribed under division (B)(2) ofby section 3306
3301.07103313.618 of the Revised Code.3307

       (3) Has met additional criteria for granting an honors 3308
diploma. 3309

       These additional criteria shall be the same as those 3310
prescribed by the state board under division (B) of section 3311
3313.61 of the Revised Code for the granting of such diplomas by 3312
school districts. No honors diploma shall be granted to anyone 3313
failing to comply with this division and not more than one honors 3314
diploma shall be granted to any student under this division.3315

       (C) A diploma or honors diploma awarded under this section 3316
shall be signed by the superintendent of public instruction and 3317
the superintendent of the state school for the blind or the 3318
superintendent of the state school for the deaf, as applicable. 3319
Each diploma shall bear the date of its issue and be in such form 3320
as the school superintendent prescribes.3321

       (D) Upon granting a diploma to a student under this section, 3322
the superintendent of the state school in which the student is 3323
enrolled shall provide notice of receipt of the diploma to the 3324
board of education of the school district where the student is 3325
entitled to attend school under section 3313.64 or 3313.65 of the 3326
Revised Code when not residing at the state school for the blind 3327
or the state school for the deaf. The notice shall indicate the 3328
type of diploma granted.3329

       Sec. 3326.11. Each science, technology, engineering, and 3330
mathematics school established under this chapter and its 3331
governing body shall comply with sections 9.90, 9.91, 109.65, 3332
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 3333
3301.0714, 3301.0715, 3301.946, 3313.14, 3313.15, 3313.16, 3334
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3335
3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3336
3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3337
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3338
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3339
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3340
3313.814, 3313.816, 3313.817, 3313.86, 3313.88, 3313.96, 3319.073, 3341
3319.21, 3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3342
3319.45, 3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3343
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and 3344
Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 3345
4112., 4123., 4141., and 4167. of the Revised Code as if it were a 3346
school district.3347

       Sec. 3328.24. A college-preparatory boarding school 3348
established under this chapter and its board of trustees shall 3349
comply with sections 102.02, 3301.0710, 3301.0711, 3301.0712, 3350
3301.0714, 3301.946, 3313.6411, 3319.39, and 3319.391 of the 3351
Revised Code as if the school were a school district and the 3352
school's board of trustees were a district board of education.3353

       Sec. 3328.25.  (A) The board of trustees of a 3354
college-preparatory boarding school established under this chapter 3355
shall grant a diploma to any student enrolled in the school to 3356
whom all of the following apply:3357

       (1) The student has successfully completed the school's high 3358
school curriculum or the IEP developed for the student by the 3359
school pursuant to section 3323.08 of the Revised Code or has 3360
qualified under division (D) or (F) of section 3313.603 of the 3361
Revised Code, provided that the school shall not require a student 3362
to remain in school for any specific number of semesters or other 3363
terms if the student completes the required curriculum early.3364

       (2) Subject to section 3313.614 of the Revised Code, the 3365
student has met the assessment requirements of division (A)(2)(a) 3366
or (b) of this section, as applicable.3367

       (a) If the student entered ninth grade prior to the date 3368
prescribed by rule of the state board of education under division 3369
(D)(2) of section 3301.0712 of the Revised CodeJuly 1, 2015, the 3370
student either:3371

       (i) Has attained at least the applicable scores designated 3372
under division (B)(1) of section 3301.0710 of the Revised Code on 3373
all the assessments prescribed by that division unless division 3374
(L)(M) of section 3313.61 of the Revised Code applies to the 3375
student;3376

       (ii) Has satisfied the alternative conditions prescribed in 3377
section 3313.615 of the Revised Code.3378

       (b) If the person entered ninth grade on or after the date 3379
prescribed by rule of the state board under division (D)(2) of 3380
section 3301.0712 of the Revised CodeJuly 1, 2015, the student 3381
has met the requirements of the entire assessment system3382
requirement prescribed under division (B)(2) ofby section 3383
3301.07103313.618 of the Revised Code, except to the extent that 3384
the student is excused from some portion of that assessment system3385
section pursuant to division (L)(M) of section 3313.61 of the 3386
Revised Code.3387

       (3) The student is not eligible to receive an honors diploma 3388
granted under division (B) of this section.3389

       No diploma shall be granted under this division to anyone 3390
except as provided in this division.3391

       (B) In lieu of a diploma granted under division (A) of this 3392
section, the board of trustees shall grant an honors diploma, in 3393
the same manner that boards of education of school districts grant 3394
honors diplomas under division (B) of section 3313.61 of the 3395
Revised Code, to any student enrolled in the school who 3396
accomplishes all of the following:3397

       (1) Successfully completes the school's high school 3398
curriculum or the IEP developed for the student by the school 3399
pursuant to section 3323.08 of the Revised Code;3400

       (2) Subject to section 3313.614 of the Revised Code, has met 3401
the assessment requirements of division (B)(2)(a) or (b) of this 3402
section, as applicable.3403

       (a) If the student entered ninth grade prior to the date 3404
prescribed by rule of the state board under division (D)(2) of 3405
section 3301.0712 of the Revised CodeJuly 1, 2015, the student 3406
either:3407

       (i) Has attained at least the applicable scores designated 3408
under division (B)(1) of section 3301.0710 of the Revised Code on 3409
all the assessments prescribed under that division;3410

       (ii) Has satisfied the alternative conditions prescribed in 3411
section 3313.615 of the Revised Code.3412

       (b) If the person entered ninth grade on or after the date 3413
prescribed by rule of the state board under division (D)(2) of 3414
section 3301.0712 of the Revised CodeJuly 1, 2015, the student 3415
has met the requirements of the entire assessment system3416
requirement prescribed under division (B)(2) ofby section 3417
3301.0710 3313.618 of the Revised Code.3418

       (3) Has met the additional criteria for granting an honors 3419
diploma prescribed by the state board under division (B) of 3420
section 3313.61 of the Revised Code for the granting of honors 3421
diplomas by school districts.3422

       An honors diploma shall not be granted to a student who is 3423
subject to the Ohio core curriculum prescribed in division (C) of 3424
section 3313.603 of the Revised Code but elects the option of 3425
division (D) or (F) of that section. No honors diploma shall be 3426
granted to anyone failing to comply with this division, and not 3427
more than one honors diploma shall be granted to any student under 3428
this division.3429

       (C) A diploma or honors diploma awarded under this section 3430
shall be signed by the presiding officer of the board of trustees. 3431
Each diploma shall bear the date of its issue and be in such form 3432
as the board of trustees prescribes.3433

       (D) Upon granting a diploma to a student under this section, 3434
the presiding officer of the board of trustees shall provide 3435
notice of receipt of the diploma to the board of education of the 3436
city, exempted village, or local school district where the student 3437
is entitled to attend school when not residing at the 3438
college-preparatory boarding school. The notice shall indicate the 3439
type of diploma granted.3440

       Sec. 3329.07.  The board of education of each city, exempted 3441
village, and local school district, in compliance with section 3442
3329.081 of the Revised Code, shall cause it to be ascertained and 3443
at a regular meeting determine which, and the number of each of 3444
the textbooks or electronic textbooks the schools under its charge 3445
require. The treasurer at once shall order the textbooks or 3446
electronic textbooks agreed upon from the publisher, who on the 3447
receipt of such order must ship the textbooks or electronic 3448
textbooks to the treasurer without delay. The treasurer forthwith 3449
shall examine the textbooks or electronic textbooks, and, if found 3450
right and in accordance with the order, remit the amount to the 3451
publisher. The board must pay for the textbooks or electronic 3452
textbooks so purchased and in addition all charges for the 3453
transportation of the textbooks or electronic textbooks out of the 3454
general fund of said district or out of such other funds as it may 3455
have available for such purchase of textbooks or electronic 3456
textbooks. If such board at any time can secure from the 3457
publishers textbooks or electronic textbooks at less than such 3458
maximum price, they shall do so, and without unnecessary delay may 3459
make effort to secure such lower price before adopting any 3460
particular textbooks or electronic textbooks.3461

       Sec. 3329.08.  At any regular meeting, the board of education 3462
of each local, city, and exempted village school district shall 3463
determine by a majority vote of all members elected or appointed 3464
under division (B) or (F) of section 3311.71 of the Revised Code, 3465
and in compliance with section 3329.081 of the Revised Code, which 3466
of such textbooks or electronic textbooks so filed shall be used 3467
in the schools under its control. 3468

       Sec. 3329.081.  The board of education of each local, city, 3469
and exempted village school district shall establish a process for 3470
selecting and adopting textbooks, electronic textbooks, and 3471
instructional materials in consultation with teachers, parents, 3472
and citizens of the school district.3473

       Sec. 3329.082.  On or before June 30, 2014, the department of 3474
education shall establish a model process for use by a school 3475
district board of education selecting and adopting textbooks, 3476
electronic textbooks, and instructional materials pursuant to 3477
sections 3329.07 and 3329.08 of the Revised Code.3478

       Sec. 3333.123.  (A) As used in this section:3479

        (1) "The Ohio college opportunity grant program" means the 3480
program established under section 3333.122 of the Revised Code.3481

        (2) "Rules for the Ohio college opportunity grant program" 3482
means the rules authorized in division (R) of section 3333.04 of 3483
the Revised Code for the implementation of the program.3484

        (B) In adopting rules for the Ohio college opportunity grant 3485
program, the chancellor of the Ohio board of regents may include 3486
provisions that give preferential or priority funding to 3487
low-income students who in their primary and secondary school work 3488
participate in or complete rigorous academic coursework, attain 3489
passing scores on the assessments prescribed in section 3301.0710 3490
or 3301.0712 of the Revised Code, or meet other high academic 3491
performance standards determined by the chancellor to reduce the 3492
need for remediation and ensure academic success at the 3493
postsecondary education level. Any such rules shall include a 3494
specification of procedures needed to certify student achievement 3495
of primary and secondary standards as well as the timeline for 3496
implementation of the provisions authorized by this section.3497

       Section 2.  That existing sections 3301.079, 3301.0710, 3498
3301.0711, 3301.0712, 3301.16, 3302.02, 3302.03, 3302.031, 3499
3310.14, 3310.522, 3313.532, 3313.603, 3313.61, 3313.611, 3500
3313.612, 3313.614, 3313.615, 3313.976, 3314.017, 3314.03, 3501
3314.36, 3325.08, 3326.11, 3328.24, 3328.25, 3329.07, 3329.08, and 3502
3333.123 of the Revised Code are hereby repealed.3503

       Section 3.  Not later than thirty days after the effective 3504
date of this section, the Department of Education shall develop 3505
and publish an estimated college- and career-ready score for each 3506
of the sections of the Ohio Graduation Test prescribed by division 3507
(B)(1) of section 3301.0710 of the Revised Code. The scores shall 3508
be published on all district, school, teacher, and student score 3509
reports generated by the Department.3510

       Section 4.  Notwithstanding anything in the Revised Code to 3511
the contrary, the board of education of a school district, the 3512
governing authority of a community school established under 3513
Chapter 3314. of the Revised Code, or the governing body of a STEM 3514
school established under Chapter 3326. of the Revised Code that 3515
has entered into a collective bargaining agreement with its 3516
teachers under Chapter 4117. of the Revised Code may enter into a 3517
separate memorandum of understanding with the exclusive 3518
representative of its teachers stipulating that the value-added 3519
progress dimension rating issued for the 2014-2015 school year to 3520
assess student academic growth for purposes of teacher evaluations 3521
under sections 3311.80, 3319.111, and 3319.112 of the Revised Code 3522
will not be used when making decisions regarding the dismissal, 3523
retention, tenure, or compensation of the district's or school's 3524
teachers. If such a memorandum of understanding is entered into, 3525
the district or school shall use a different measure of student 3526
progress, approved by the Department of Education, for such 3527
purposes.3528

        As used in this section, "value-added progress dimension" 3529
means the value-added progress dimension prescribed by 3302.021 of 3530
the Revised Code or an alternative student academic progress 3531
measure if adopted under division (C)(1)(e) of section 3303.03 of 3532
the Revised Code.3533

       Section 5.  Except for purposes of the comparison study 3534
prescribed by Section 7 of this act, prior to July 1, 2015, 3535
neither the Department of Education nor the State Board of 3536
Education shall implement or require the online administration of 3537
any assessments prescribed by sections 3301.0710 and 3301.0712 of 3538
the Revised Code. 3539

       Section 6.  The Department of Education shall conduct a 3540
comprehensive survey of the capacity and readiness of each school 3541
district for online administration of the assessments prescribed 3542
by sections 3301.0710 and 3301.0712 of the Revised Code based on 3543
recommended specifications for such administration of the 3544
assessments. The survey conducted under this section shall include 3545
information regarding hardware, software, bandwidth, technical 3546
support, security requirements, training for teachers regarding 3547
the administration of assessments, and training for students 3548
regarding taking the assessments. 3549

       Not later than ninety days after the effective date of this 3550
section, the Department shall compile and present to the Governor, 3551
the chairpersons and ranking members of the education committees 3552
of the Senate and House of Representatives, and the State Board of 3553
Education the results of the survey conducted under this section 3554
and a detailed implementation plan to address any issues or 3555
problems identified in the survey.3556

       Section 7.  (A) For the 2013-2014 school year only, the 3557
Department of Education shall select and administer, for 3558
comparison purposes, assessments to students in school districts 3559
and schools of the same sample size and profile as follows:3560

       (1) Summative assessments for each of grades three through 3561
eight in English language arts and mathematics, which are 3562
vertically articulated, include multiple types of questions, may 3563
be administered online or in a paper format, are aligned to 3564
college-readiness benchmarks, are not offered by a multi-state 3565
consortium, and are offered by a nonprofit organization that 3566
offers an assessment used for the purpose of college admission;3567

       (2) Field-testing of summative assessments for each of grades 3568
three through eight in English language arts and mathematics 3569
offered by a multi-state consortium other than the type of 3570
organization described in division (A)(1) of this section.3571

       (B) Not later than October 31, 2014, the Department shall 3572
submit a report to the Governor, the chairpersons and ranking 3573
members of the education committees of the Senate and House of 3574
Representatives, and the State Board of Education of the results 3575
of the assessments prescribed by divisions (A)(1) and (2) of this 3576
section and a comparison of those assessments and the assessments 3577
prescribed by division (A) of section 3301.0710 of the Revised 3578
Code. The comparison of assessments shall be based on ease of 3579
administration, content, format, overall quality, performance 3580
benchmarks, and cost. The Department shall consult with teachers 3581
and administrators in making its comparison of assessments.3582

       (C) Not later than November 30, 2014, the Department shall 3583
recommend to the State Board the assessments in English language 3584
arts and mathematics for each of grades three through eight to be 3585
prescribed by the State Board under division (A) of section 3586
3301.0710 of the Revised Code. In recommending assessments for the 3587
spring administration of the 2014-2015 school year, the Department 3588
shall select from the assessments currently prescribed by division 3589
(A) of section 3301.0710 of the Revised Code and the assessments 3590
prescribed by divisions (A)(1) and (2) of this section. Not later 3591
than December 31, 2014, the State Board shall review the 3592
recommendations and approve one or more assessments in English 3593
language arts and mathematics for administration to students in 3594
grades three through eight in accordance with sections 3301.0710 3595
and 3301.0711 of the Revised Code.3596

       Section 8.  That the version of section 3326.11 of the 3597
Revised Code that is scheduled to take effect on July 1, 2014, be 3598
amended to read as follows:3599

       Sec. 3326.11.  Each science, technology, engineering, and 3600
mathematics school established under this chapter and its 3601
governing body shall comply with sections 9.90, 9.91, 109.65, 3602
121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 3603
3301.0714, 3301.0715, 3301.946, 3313.14, 3313.15, 3313.16, 3604
3313.18, 3313.201, 3313.26, 3313.472, 3313.48, 3313.481, 3313.482, 3605
3313.50, 3313.536, 3313.539, 3313.608, 3313.6012, 3313.6013, 3606
3313.6014, 3313.6015, 3313.61, 3313.611, 3313.614, 3313.615, 3607
3313.643, 3313.648, 3313.6411, 3313.66, 3313.661, 3313.662, 3608
3313.666, 3313.667, 3313.67, 3313.671, 3313.672, 3313.673, 3609
3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.80, 3313.801, 3610
3313.814, 3313.816, 3313.817, 3313.86, 3313.96, 3319.073, 3319.21, 3611
3319.32, 3319.321, 3319.35, 3319.39, 3319.391, 3319.41, 3319.45, 3612
3321.01, 3321.041, 3321.13, 3321.14, 3321.17, 3321.18, 3321.19, 3613
3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and Chapters 3614
102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 3615
4123., 4141., and 4167. of the Revised Code as if it were a school 3616
district.3617

       Section 9.  That the existing version of section 3326.11 of 3618
the Revised Code that is scheduled to take effect on July 1, 2014, 3619
is hereby repealed.3620

       Section 10.  Sections 8 and 9 of this act shall take effect 3621
on July 1, 2014.3622

feedback