As Passed by the House

130th General Assembly Regular Session 2013-2014

Am. Sub. H. B. No. 228

Representatives Brenner, Gonzales 

Cosponsors: Representatives Beck, Boose, Burkley, Derickson, Duffey, Fedor, Green, Grossman, Hayes, Kunze, Letson, Patterson, Pelanda, Perales, Phillips, Rogers, Ruhl, Schuring, Sheehy, Slaby, Stebelton, Young Speaker Batchelder 

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A BILL

To amend sections 3301.0710 and 3301.0715 and to

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enact sections 3301.132 and 3313.903 of the

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Revised Code, and to amend Section 10 of Am. Sub.

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

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to the administration of state primary and

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secondary education assessments and to reform the

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system of funding elementary and secondary

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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	9
and sections 3301.132 and 3313.903 of the Revised Code be enacted	10
to read as follows:	11

Sec. 3301.0710.  The state board of education shall adopt	12
rules establishing a statewide program to assess student	13
achievement. The state board shall ensure that all assessments	14
administered under the program are aligned with the academic	15
standards and model curricula adopted by the state board and are	16
created with input from Ohio parents, Ohio classroom teachers,	17
Ohio school administrators, and other Ohio school personnel	18
pursuant to section 3301.079 of the Revised Code.	19

The assessment program shall be designed to ensure that	20
students who receive a high school diploma demonstrate at least	21
high school levels of achievement in English language arts,	22
mathematics, science, and social studies.	23

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

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(a) Two statewide achievement assessments, one each designed	25
to measure the level of English language arts and mathematics	26
skill expected at the end of third grade;	27

(b) Three statewide achievement assessments, one each	28
designed to measure the level of English language arts,	29
mathematics, and social studies skill expected at the end of	30
fourth grade;	31

(c) Three statewide achievement assessments, one each	32
designed to measure the level of English language arts,	33
mathematics, and science skill expected at the end of fifth grade;	34

(d) Three statewide achievement assessments, one each	35
designed to measure the level of English language arts,	36
mathematics, and social studies skill expected at the end of sixth	37
grade;	38

(e) Two statewide achievement assessments, one each designed	39
to measure the level of English language arts and mathematics	40
skill expected at the end of seventh grade;	41

(f) Three statewide achievement assessments, one each	42
designed to measure the level of English language arts,	43
mathematics, and science skill expected at the end of eighth	44
grade.	45

(2) The state board shall determine and designate at least	46
five ranges of scores on each of the achievement assessments	47
described in divisions (A)(1) and (B)(1) of this section. Each	48
range of scores shall be deemed to demonstrate a level of	49
achievement so that any student attaining a score within such	50
range has achieved one of the following:	51

(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	57
3313.608 of the Revised Code, the state board shall determine and	58
designate a level of achievement, not lower than the level	59
designated in division (A)(2)(e) of this section, on the third	60
grade English language arts assessment for a student to be	61
promoted to the fourth grade. The state board shall review and	62
adjust upward the level of achievement designated under this	63
division each year the test is administered until the level is set	64
equal to the level designated in division (A)(2)(c) of this	65
section.	66

(B)(1) The assessments prescribed under division (B)(1) of	67
this section shall collectively be known as the Ohio graduation	68
tests. The state board shall prescribe five statewide high school	69
achievement assessments, one each designed to measure the level of	70
reading, writing, mathematics, science, and social studies skill	71
expected at the end of tenth grade. The state board shall	72
designate a score in at least the range designated under division	73
(A)(2)(c) of this section on each such assessment that shall be	74
deemed to be a passing score on the assessment as a condition	75
toward granting high school diplomas under sections 3313.61,	76
3313.611, 3313.612, and 3325.08 of the Revised Code until the	77
assessment system prescribed by section 3301.0712 of the Revised	78
Code is implemented in accordance with division (B)(2) of this	79
section.	80

(2) The state board shall prescribe an assessment system in	81
accordance with section 3301.0712 of the Revised Code that shall	82
replace the Ohio graduation tests beginning with students who	83
enter the ninth grade for the first time on or after July 1, 2014.	84

(3) The state board may enter into a reciprocal agreement	85
with the appropriate body or agency of any other state that has	86
similar statewide achievement assessment requirements for	87
receiving high school diplomas, under which any student who has	88
met an achievement assessment requirement of one state is	89
recognized as having met the similar requirement of the other	90
state for purposes of receiving a high school diploma. For	91
purposes of this section and sections 3301.0711 and 3313.61 of the	92
Revised Code, any student enrolled in any public high school in	93
this state who has met an achievement assessment requirement	94
specified in a reciprocal agreement entered into under this	95
division shall be deemed to have attained at least the applicable	96
score designated under this division on each assessment required	97
by division (B)(1) or (2) of this section that is specified in the	98
agreement.	99

(C) The superintendent of public instruction shall designate	100
dates and times for the administration of the assessments	101
prescribed by divisions (A) and (B) of this section.	102

In prescribing administration dates pursuant to this	103
division, the superintendent shall designate the dates in such a	104
way as to allow a reasonable length of time between the	105
administration of assessments prescribed under this section and	106
any administration of the national assessment of educational	107
progress given to students in the same grade level pursuant to	108
section 3301.27 of the Revised Code or federal law.	109

Beginning with assessments administered on or after July 1,	110
2015, the duration of the administration for each assessment	111
prescribed by division (A) of this section and for each assessment	112
prescribed by division (B)(2) of section 3301.0712 of the Revised	113
Code shall not exceed four hours per year. The limitation	114
prescribed by this paragraph shall not apply to assessments for	115
students with disabilities, the English language arts assessment	116
prescribed by division (A)(1)(a) of section 3301.0710 of the	117
Revised Code or any related diagnostic assessment for students who	118
failed to attain a passing score on that English language arts	119
achievement assessment, the nationally standardized assessment	120
that measures college and career readiness as prescribed by	121
division (B)(1) of section 3301.0712 of the Revised Code, or	122
substitute examinations as prescribed by division (B)(4) of	123
section 3301.0712 of the Revised Code.	124

(D) The state board shall prescribe a practice version of	125
each Ohio graduation test described in division (B)(1) of this	126
section that is of comparable length to the actual test.	127

(E) Any committee established by the department of education	128
for the purpose of making recommendations to the state board	129
regarding the state board's designation of scores on the	130
assessments described by this section shall inform the state board	131
of the probable percentage of students who would score in each of	132
the ranges established under division (A)(2) of this section on	133
the assessments if the committee's recommendations are adopted by	134
the state board. To the extent possible, these percentages shall	135
be disaggregated by gender, major racial and ethnic groups,	136
limited English proficient students, economically disadvantaged	137
students, students with disabilities, and migrant students.	138

Sec. 3301.0715.  (A) Except as otherwise required under	139
division (B)(1) of section 3313.608 of the Revised Code, the board	140
of education of each city, local, and exempted village school	141
district shall administer each applicable diagnostic assessment	142
developed and provided to the district in accordance with section	143
3301.079 of the Revised Code to the following:	144

(1) Any student who transfers into the district or to a	145
different school within the district if each applicable diagnostic	146
assessment was not administered by the district or school the	147
student previously attended in the current school year, within	148
thirty days after the date of transfer. If the district or school	149
into which the student transfers cannot determine whether the	150
student has taken any applicable diagnostic assessment in the	151
current school year, the district or school may administer the	152
diagnostic assessment to the student. However, if a student	153
transfers into the district prior to the administration of the	154
diagnostic assessments to all students under division (B) of this	155
section, the district may administer the diagnostic assessments to	156
that student on the date or dates determined under that division.	157

(2) Each kindergarten student, not earlier than the first day	158
of the school yearAugust and not later than the first day of	159
November, except that the language and reading skills portion of	160
the assessment shall be administered by the thirtieth day of	161
September to fulfill the requirements of division (B) of section	162
3313.608 of the Revised Code.	163

For the purpose of division (A)(2) of this section, the	164
district shall administer the kindergarten readiness assessment	165
provided by the department of education. In no case shall the	166
results of the readiness assessment be used to prohibit a student	167
from enrolling in kindergarten.	168

A district or school may administer the kindergarten	169
readiness diagnostic assessment all at one time or may administer	170
it in portions at different times, so long as the assessment has	171
been administered in its entirety not later than the first day of	172
November.	173

(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	175
significant cognitive disabilities, as defined by the department	176
of education.	177

(B) Each district board shall administer each diagnostic	178
assessment when the board deems appropriate, provided the	179
administration complies with section 3313.608 of the Revised Code.	180
However, the board shall administer any diagnostic assessment at	181
least once annually to all students in the appropriate grade	182
level. A district board may administer any diagnostic assessment	183
in the fall and spring of a school year to measure the amount of	184
academic growth attributable to the instruction received by	185
students during that school year.	186

(C) Any district that received a grade of "A" or "B" for the	187
performance index score under division (A)(1)(b), (B)(1)(b), or	188
(C)(1)(b) of section 3302.03 of the Revised Code or for the	189
value-added progress dimension under division (A)(1)(e),	190
(B)(1)(e), or (C)(1)(e) of section 3302.03 of the Revised Code for	191
the immediately preceding school year may use different diagnostic	192
assessments from those adopted under division (D) of section	193
3301.079 of the Revised Code in order to satisfy the requirements	194
of division (A)(3) of this section.	195

(D) Each district board shall utilize and score any	196
diagnostic assessment administered under division (A) of this	197
section in accordance with rules established by the department.	198
After the administration of any diagnostic assessment, each	199
district shall provide a student's completed diagnostic	200
assessment, the results of such assessment, and any other	201
accompanying documents used during the administration of the	202
assessment to the parent of that student, and shall include all	203
such documents and information in any plan developed for the	204
student under division (C) of section 3313.608 of the Revised	205
Code. Each district shall submit to the department, in the manner	206
the department prescribes, the results of the diagnostic	207
assessments administered under this section, regardless of the	208
type of assessment used under section 3313.608 of the Revised	209
Code. The department may issue reports with respect to the data	210
collected. The department may report school and district level	211
kindergarten diagnostic assessment data and use diagnostic	212
assessment data to calculate the measure prescribed by divisions	213
(B)(1)(g) and (C)(1)(g) of section 3302.03 of the Revised Code.	214

(E) Each district board shall provide intervention services	215
to students whose diagnostic assessments show that they are	216
failing to make satisfactory progress toward attaining the	217
academic standards for their grade level.	218

Sec. 3301.132.  (A) The department of education shall	219
determine which components of the resident educator	220
performance-based assessment, as prescribed by rule of the state	221
board of education for purposes of the Ohio teacher residency	222
program established under section 3319.223 of the Revised Code,	223
may be used as part of the teacher evaluations required by section	224
3319.111 of the Revised Code.	225

(B) The department shall develop a table of assessments that	226
may be used for multiple purposes for which a measure of student	227
performance or aptitude is required, in order to reduce the total	228
number of assessments administered by a district or school. The	229
table shall include achievement assessments, diagnostic	230
assessments, end-of-course examinations, substitute examinations,	231
examinations related to student academic growth measures, and	232
other assessments. The department shall make the table available	233
to school districts, community schools established under Chapter	234
3314. of the Revised Code, STEM schools established under Chapter	235
3326. of the Revised Code, college-preparatory boarding schools	236
established under Chapter 3328. of the Revised Code, and chartered	237
nonpublic schools.	238

Sec. 3313.903.  Except as otherwise required under federal	239
law, the department of education shall consider an	240
industry-recognized credential, as described under division	241
(B)(2)(d) of section 3302.03 of the Revised Code, or a license	242
issued by a state agency or board for practice in a vocation that	243
requires an examination for issuance of that license as an	244
acceptable measure of technical skill attainment and shall not	245
require a student with such credential or license to take	246
additional technical assessments.	247

Section 2.  That existing sections 3301.0710 and 3301.0715 of	248
the Revised Code are hereby repealed.	249

Section 3.  That Section 10 of Am. Sub. H.B. 487 of the 130th	250
General Assembly be amended to read as follows:	251

Sec. 10. (A) For the 2014-2015 and 2015-2016 school year	252
years, no school district, community school, STEM school,	253
college-preparatory boarding school, or chartered nonpublic school	254
shall be required to administer in an online format any	255
assessments prescribed by sections 3301.0710 and 3301.0712 of the	256
Revised Code. However, a district or school may administer any of	257
those assessments in an online format at the discretion of the	258
district board or school governing authority, or in any	259
combination of online and paper formats. The Department of	260
Education shall furnish, free of charge, all such assessments for	261
thatthose school yearyears regardless of the format selected by	262
the district or school.	263

(B) Not later than December 31, 2014, the Department shall	264
submit a report to the Governor and the General Assembly, in	265
accordance with section 101.68 of the Revised Code, on the	266
security of student data with regard to the administration of	267
online assessments.	268

(C) Not later than July 1, 2015, the Department shall publish	269
the number of districts and schools that administered the	270
assessments required under sections 3301.0710 and 3301.0712 of the	271
Revised Code in all of the following formats:	272

(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	276
the 130th General Assembly is hereby repealed.	277

Section 5. (A) The Department of Education shall study the	278
impact on student performance of the online administration of the	279
state assessments prescribed under sections 3301.0710 and	280
3301.0712 of the Revised Code. Not later than June 30, 2015, the	281
Department shall submit the results of its study to the General	282
Assembly, in accordance with section 101.68 of the Revised Code,	283
and to the Governor.	284

(B)(1) The Department shall conduct a comprehensive survey of	285
the capacity and readiness of each school district for online	286
administration of the assessments prescribed by sections 3301.0710	287
and 3301.0712 of the Revised Code based on recommended	288
specifications for such administration of the assessments. The	289
survey conducted under this section shall include information	290
regarding hardware, software, bandwidth, technical support,	291
security requirements, training for teachers regarding the	292
administration of assessments, and training for students regarding	293
taking the assessments.	294

(2) Not later than June 30, 2015, the Department shall	295
compile and present to the Governor, the chairpersons and ranking	296
members of the Education Committees of the Senate and House of	297
Representatives, and the State Board of Education the results of	298
the survey conducted under this section and a detailed	299
implementation plan to address any issues or problems identified	300
in the survey.	301

Section 6.  Not later than April 1, 2015, the Department of	302
Education shall submit to the General Assembly, in accordance with	303
section 101.68 of the Revised Code, an estimate of the cost to the	304
state for each of fiscal years 2016 and 2017 if it were to pay	305
each city, local, and exempted village school district a funding	306
guarantee in an amount equal to the district's formula ADM, as	307
defined in section 3317.02 of the Revised Code, multiplied by the	308
following:	309

{The greater of $1,000 or [(the sum of the amounts computed for	310
the district for fiscal year 2013 under Sections 267.30.50,	311
267.30.53, and 267.30.56 of Am. Sub. H.B. 153 of the 129th General	312
Assembly)/the district's formula ADM for fiscal year 2013]} -	313
[(the sum of the district's payments under sections 3317.022 and	314
3317.0212 of the Revised Code for the current fiscal year)/the	315
district's formula ADM for the current fiscal year]	316

For purposes of this estimate, "current fiscal year" shall	317
mean fiscal year 2016 or fiscal year 2017, respectively. The	318
Department shall estimate a district's statutory payments and	319
formula ADM for each of those years to derive the overall	320
estimates of the cost of the additional guarantee payment proposed	321
under this section.	322