Bill Text: OH HB228 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: , and to amend Section 10 of Am. Sub. H.B. 487 of the 130th General Assembly with regard to the administration of state primary and secondary education assessments and to reform the system of funding elementary and secondary education.

Spectrum: Moderate Partisan Bill (Republican 19-6)

Status: (Engrossed - Dead) 2014-11-25 - To Education [HB228 Detail]

Download: Ohio-2013-HB228-Introduced.html

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As Pending in the House Education Committee

(L# 0927-2)

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 228

Representative Brenner 

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A BILL

To amend sections 3301.0710 and 3301.0715 and to

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enact section 3301.132 of the Revised Code, and to

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amend Section 10 of Am. Sub. H.B. 487 of the 130th

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General Assembly with regard to the administration

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of state primary and secondary education

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assessments and to reform the system of funding

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elementary and secondary education.

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

Section 1. That sections 3301.0710 and 3301.0715 be amended	8
and section 3301.132 of the Revised Code be enacted to read as	9
follows:	10

Sec. 3301.0710.  The state board of education shall adopt	11
rules establishing a statewide program to assess student	12
achievement. The state board shall ensure that all assessments	13
administered under the program are aligned with the academic	14
standards and model curricula adopted by the state board and are	15
created with input from Ohio parents, Ohio classroom teachers,	16
Ohio school administrators, and other Ohio school personnel	17
pursuant to section 3301.079 of the Revised Code.	18

The assessment program shall be designed to ensure that	19
students who receive a high school diploma demonstrate at least	20
high school levels of achievement in English language arts,	21
mathematics, science, and social studies.	22

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

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(a) Two statewide achievement assessments, one each designed	24
to measure the level of English language arts and mathematics	25
skill expected at the end of third grade;	26

(b) Three statewide achievement assessments, one each	27
designed to measure the level of English language arts,	28
mathematics, and social studies skill expected at the end of	29
fourth grade;	30

(c) Three statewide achievement assessments, one each	31
designed to measure the level of English language arts,	32
mathematics, and science skill expected at the end of fifth grade;	33

(d) Three statewide achievement assessments, one each	34
designed to measure the level of English language arts,	35
mathematics, and social studies skill expected at the end of sixth	36
grade;	37

(e) Two statewide achievement assessments, one each designed	38
to measure the level of English language arts and mathematics	39
skill expected at the end of seventh grade;	40

(f) Three statewide achievement assessments, one each	41
designed to measure the level of English language arts,	42
mathematics, and science skill expected at the end of eighth	43
grade.	44

(2) The state board shall determine and designate at least	45
five ranges of scores on each of the achievement assessments	46
described in divisions (A)(1) and (B)(1) of this section. Each	47
range of scores shall be deemed to demonstrate a level of	48
achievement so that any student attaining a score within such	49
range has achieved one of the following:	50

(a) An advanced level of skill;

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(b) An accelerated level of skill;

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(c) A proficient level of skill;

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(d) A basic level of skill;

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(e) A limited level of skill.

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(3) For the purpose of implementing division (A) of section	56
3313.608 of the Revised Code, the state board shall determine and	57
designate a level of achievement, not lower than the level	58
designated in division (A)(2)(e) of this section, on the third	59
grade English language arts assessment for a student to be	60
promoted to the fourth grade. The state board shall review and	61
adjust upward the level of achievement designated under this	62
division each year the test is administered until the level is set	63
equal to the level designated in division (A)(2)(c) of this	64
section.	65

(B)(1) The assessments prescribed under division (B)(1) of	66
this section shall collectively be known as the Ohio graduation	67
tests. The state board shall prescribe five statewide high school	68
achievement assessments, one each designed to measure the level of	69
reading, writing, mathematics, science, and social studies skill	70
expected at the end of tenth grade. The state board shall	71
designate a score in at least the range designated under division	72
(A)(2)(c) of this section on each such assessment that shall be	73
deemed to be a passing score on the assessment as a condition	74
toward granting high school diplomas under sections 3313.61,	75
3313.611, 3313.612, and 3325.08 of the Revised Code until the	76
assessment system prescribed by section 3301.0712 of the Revised	77
Code is implemented in accordance with division (B)(2) of this	78
section.	79

(2) The state board shall prescribe an assessment system in	80
accordance with section 3301.0712 of the Revised Code that shall	81
replace the Ohio graduation tests beginning with students who	82
enter the ninth grade for the first time on or after July 1, 2014.	83

(3) The state board may enter into a reciprocal agreement	84
with the appropriate body or agency of any other state that has	85
similar statewide achievement assessment requirements for	86
receiving high school diplomas, under which any student who has	87
met an achievement assessment requirement of one state is	88
recognized as having met the similar requirement of the other	89
state for purposes of receiving a high school diploma. For	90
purposes of this section and sections 3301.0711 and 3313.61 of the	91
Revised Code, any student enrolled in any public high school in	92
this state who has met an achievement assessment requirement	93
specified in a reciprocal agreement entered into under this	94
division shall be deemed to have attained at least the applicable	95
score designated under this division on each assessment required	96
by division (B)(1) or (2) of this section that is specified in the	97
agreement.	98

(C) The superintendent of public instruction shall designate	99
dates and times for the administration of the assessments	100
prescribed by divisions (A) and (B) of this section.	101

In prescribing administration dates pursuant to this	102
division, the superintendent shall designate the dates in such a	103
way as to allow a reasonable length of time between the	104
administration of assessments prescribed under this section and	105
any administration of the national assessment of educational	106
progress given to students in the same grade level pursuant to	107
section 3301.27 of the Revised Code or federal law.	108

Beginning with assessments administered on or after July 1,	109
2015, the duration of the administration for each assessment	110
prescribed by division (A) of this section and for each assessment	111
prescribed by division (B)(2) of section 3301.0712 of the Revised	112
Code shall not exceed four hours per year. The limitation	113
prescribed by this paragraph shall not apply to assessments for	114
students with disabilities, the English language arts assessment	115
prescribed by division (A)(1)(a) of section 3301.0710 of the	116
Revised Code or any related diagnostic assessment for students who	117
failed to attain a passing score on that English language arts	118
achievement assessment, the nationally standardized assessment	119
that measures college and career readiness as prescribed by	120
division (B)(1) of section 3301.0712 of the Revised Code, or	121
substitute examinations as prescribed by division (B)(4) of	122
section 3301.0712 of the Revised Code.	123

(D) The state board shall prescribe a practice version of	124
each Ohio graduation test described in division (B)(1) of this	125
section that is of comparable length to the actual test.	126

(E) Any committee established by the department of education	127
for the purpose of making recommendations to the state board	128
regarding the state board's designation of scores on the	129
assessments described by this section shall inform the state board	130
of the probable percentage of students who would score in each of	131
the ranges established under division (A)(2) of this section on	132
the assessments if the committee's recommendations are adopted by	133
the state board. To the extent possible, these percentages shall	134
be disaggregated by gender, major racial and ethnic groups,	135
limited English proficient students, economically disadvantaged	136
students, students with disabilities, and migrant students.	137

Sec. 3301.0715.  (A) Except as otherwise required under	138
division (B)(1) of section 3313.608 of the Revised Code, the board	139
of education of each city, local, and exempted village school	140
district shall administer each applicable diagnostic assessment	141
developed and provided to the district in accordance with section	142
3301.079 of the Revised Code to the following:	143

(1) Any student who transfers into the district or to a	144
different school within the district if each applicable diagnostic	145
assessment was not administered by the district or school the	146
student previously attended in the current school year, within	147
thirty days after the date of transfer. If the district or school	148
into which the student transfers cannot determine whether the	149
student has taken any applicable diagnostic assessment in the	150
current school year, the district or school may administer the	151
diagnostic assessment to the student. However, if a student	152
transfers into the district prior to the administration of the	153
diagnostic assessments to all students under division (B) of this	154
section, the district may administer the diagnostic assessments to	155
that student on the date or dates determined under that division.	156

(2) Each kindergarten student, not earlier than the first day	157
of the school yearAugust and not later than the first day of	158
November, except that the language and reading skills portion of	159
the assessment shall be administered by the thirtieth day of	160
September to fulfill the requirements of division (B) of section	161
3313.608 of the Revised Code.	162

For the purpose of division (A)(2) of this section, the	163
district shall administer the kindergarten readiness assessment	164
provided by the department of education. In no case shall the	165
results of the readiness assessment be used to prohibit a student	166
from enrolling in kindergarten.	167

A district or school may administer the kindergarten	168
readiness diagnostic assessment all at one time or may administer	169
it in portions at different times, so long as the assessment has	170
been administered in its entirety not later than the first day of	171
November.	172

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

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Division (A) of this section does not apply to students with	174
significant cognitive disabilities, as defined by the department	175
of education.	176

(B) Each district board shall administer each diagnostic	177
assessment when the board deems appropriate, provided the	178
administration complies with section 3313.608 of the Revised Code.	179
However, the board shall administer any diagnostic assessment at	180
least once annually to all students in the appropriate grade	181
level. A district board may administer any diagnostic assessment	182
in the fall and spring of a school year to measure the amount of	183
academic growth attributable to the instruction received by	184
students during that school year.	185

(C) Any district that received a grade of "A" or "B" for the	186
performance index score under division (A)(1)(b), (B)(1)(b), or	187
(C)(1)(b) of section 3302.03 of the Revised Code or for the	188
value-added progress dimension under division (A)(1)(e),	189
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for	190
the immediately preceding school year may use different diagnostic	191
assessments from those adopted under division (D) of section	192
3301.079 of the Revised Code in order to satisfy the requirements	193
of division (A)(3) of this section.	194

(D) Each district board shall utilize and score any	195
diagnostic assessment administered under division (A) of this	196
section in accordance with rules established by the department.	197
After the administration of any diagnostic assessment, each	198
district shall provide a student's completed diagnostic	199
assessment, the results of such assessment, and any other	200
accompanying documents used during the administration of the	201
assessment to the parent of that student, and shall include all	202
such documents and information in any plan developed for the	203
student under division (C) of section 3313.608 of the Revised	204
Code. Each district shall submit to the department, in the manner	205
the department prescribes, the results of the diagnostic	206
assessments administered under this section, regardless of the	207
type of assessment used under section 3313.608 of the Revised	208
Code. The department may issue reports with respect to the data	209
collected. The department may report school and district level	210
kindergarten diagnostic assessment data and use diagnostic	211
assessment data to calculate the measure prescribed by divisions	212
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.	213

(E) Each district board shall provide intervention services	214
to students whose diagnostic assessments show that they are	215
failing to make satisfactory progress toward attaining the	216
academic standards for their grade level.	217

Sec. 3301.132.  (A) The department of education shall	218
determine which components of the resident educator	219
performance-based assessment, as prescribed by rule of the state	220
board of education for purposes of the Ohio teacher residency	221
program established under section 3319.223 of the Revised Code,	222
may be used as part of the teacher evaluations required by section	223
3319.111 of the Revised Code.	224

(B) The department shall develop a table of assessments that	225
may be used for multiple purposes for which a measure of student	226
performance or aptitude is required, in order to reduce the total	227
number of assessments administered by a district or school. The	228
table shall include achievement assessments, diagnostic	229
assessments, end-of-course examinations, substitute examinations,	230
examinations related to student academic growth measures, and	231
other assessments. The department shall make the table available	232
to school districts, community schools established under Chapter	233
3314. of the Revised Code, STEM schools established under Chapter	234
3326. of the Revised Code, college-preparatory boarding schools	235
established under Chapter 3328. of the Revised Code, and chartered	236
nonpublic schools.	237

Section 2.  That existing sections 3301.0710 and 3301.0715 of	238
the Revised Code are hereby repealed.	239

Section 3.  That Section 10 of Am. Sub. H.B. 487 of the 130th	240
General Assembly be amended to read as follows:	241

Sec. 10. (A) For the 2014-2015 and 2015-2016 school year	242
years, no school district, community school, STEM school,	243
college-preparatory boarding school, or chartered nonpublic school	244
shall be required to administer in an online format any	245
assessments prescribed by sections 3301.0710 and 3301.0712 of the	246
Revised Code. However, a district or school may administer any of	247
those assessments in an online format at the discretion of the	248
district board or school governing authority, or in any	249
combination of online and paper formats. The Department of	250
Education shall furnish, free of charge, all such assessments for	251
that school year regardless of the format selected by the district	252
or school.	253

(B) Not later than December 31, 2014, the Department shall	254
submit a report to the Governor and the General Assembly, in	255
accordance with section 101.68 of the Revised Code, on the	256
security of student data with regard to the administration of	257
online assessments.	258

(C) Not later than July 1, 2015, the Department shall publish	259
the number of districts and schools that administered the	260
assessments required under sections 3301.0710 and 3301.0712 of the	261
Revised Code in all of the following formats:	262

(1) Completely in an online format;

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(2) Completely in a paper format;

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(3) In any combination of online and paper formats.

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Section 4. That existing Section 10 of Am. Sub. H.B. 487 of	266
the 130th General Assembly is hereby repealed.	267

Section 5. (A) The Department of Education shall study the	268
impact on student performance of the online administration of the	269
state assessments prescribed under sections 3301.0710 and	270
3301.0712 of the Revised Code. Not later than June 30, 2015, the	271
Department shall submit the results of its study to the General	272
Assembly, in accordance with section 101.68 of the Revised Code,	273
and to the Governor.	274

(B)(1) The Department shall conduct a comprehensive survey of	275
the capacity and readiness of each school district for online	276
administration of the assessments prescribed by sections 3301.0710	277
and 3301.0712 of the Revised Code based on recommended	278
specifications for such administration of the assessments. The	279
survey conducted under this section shall include information	280
regarding hardware, software, bandwidth, technical support,	281
security requirements, training for teachers regarding the	282
administration of assessments, and training for students regarding	283
taking the assessments.	284

(2) Not later than June 30, 2015, the Department shall	285
compile and present to the Governor, the chairpersons and ranking	286
members of the Education Committees of the Senate and House of	287
Representatives, and the State Board of Education the results of	288
the survey conducted under this section and a detailed	289
implementation plan to address any issues or problems identified	290
in the survey.	291

Section 6.  Not later than April 1, 2015, the Department of	292
Education shall submit to the General Assembly, in accordance with	293
section 101.68 of the Revised Code, an estimate of the cost to the	294
state for each of fiscal years 2016 and 2017 if it were to pay	295
each city, local, and exempted village school district a funding	296
guarantee an amount equal to the district's formula ADM, as	297
defined in section 3317.02 of the Revised Code, multiplied by the	298
following:	299

{The greater of $1,000 or [(the sum of the amounts computed for	300
the district for fiscal year 2013 under Sections 267.30.50,	301
267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the 129th General	302
Assembly)/the district's formula ADM for fiscal year 2013]} -	303
[(the sum of the district's payments under sections 3317.022 and	304
3317.0212 of the Revised Code for the current fiscal year)/the	305
district's formula ADM for the current fiscal year]	306

For purposes of this estimate, "current fiscal year" shall	307
mean fiscal year 2016 or fiscal year 2017, respectively. The	308
Department shall estimate a district's statutory payments and	309
formula ADM for each of those years to derive the overall	310
estimates of the cost of the additional guarantee payment proposed	311
under this section.	312