Bill Text: OH SB219 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To eliminate the exemption for community schools serving dropouts from the requirement to permanently close for poor academic performance.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-09-12 - To Education [SB219 Detail]

Download: Ohio-2011-SB219-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 219

Senator Sawyer 

Cosponsors: Senators Schiavoni, Skindell, Turner, Kearney 

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A BILL

To amend sections 3301.0712, 3314.016, and 3314.35

1

and to repeal section 3314.36 of the Revised Code

2

to eliminate the exemption for community schools

3

serving dropouts from the requirement to

4

permanently close for poor academic performance.

5

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

Section 1. That sections 3301.0712, 3314.016, and 3314.35 of	6
the Revised Code be amended to read as follows:	7

Sec. 3301.0712.  (A) The state board of education, the	8
superintendent of public instruction, and the chancellor of the	9
Ohio board of regents shall develop a system of college and work	10
ready assessments as described in divisions (B)(1) and (2) of this	11
section to assess whether each student upon graduating from high	12
school is ready to enter college or the workforce. The system	13
shall replace the Ohio graduation tests prescribed in division	14
(B)(1) of section 3301.0710 of the Revised Code as a measure of	15
student academic performance and a prerequisite for eligibility	16
for a high school diploma in the manner prescribed by rule of the	17
state board adopted under division (D) of this section.	18

(B) The college and work ready assessment system shall	19
consist of the following:	20

(1) A nationally standardized assessment that measures	21
college and career readiness selected jointly by the state	22
superintendent and the chancellor.	23

(2) A series of end-of-course examinations in the areas of	24
science, mathematics, English language arts, and social studies	25
selected jointly by the state superintendent and the chancellor in	26
consultation with faculty in the appropriate subject areas at	27
institutions of higher education of the university system of Ohio.	28
For each subject area, the state superintendent and chancellor	29
shall select multiple assessments that school districts, public	30
schools, and chartered nonpublic schools may use as end-of-course	31
examinations. Those assessments shall include nationally	32
recognized subject area assessments, such as advanced placement	33
examinations, SAT subject tests, international baccalaureate	34
examinations, and other assessments of college and work readiness.	35

(C) Not later than thirty days after the state board adopts	36
the model curricula required by division (B) of section 3301.079	37
of the Revised Code, the state board shall convene a group of	38
national experts, state experts, and local practitioners to	39
provide advice, guidance, and recommendations for the alignment of	40
standards and model curricula to the assessments and in the design	41
of the end-of-course examinations prescribed by this section.	42

(D) Upon completion of the development of the assessment	43
system, the state board shall adopt rules prescribing all of the	44
following:	45

(1) A timeline and plan for implementation of the assessment	46
system, including a phased implementation if the state board	47
determines such a phase-in is warranted;	48

(2) The date after which a person entering ninth grade shall	49
meet the requirements of the entire assessment system as a	50
prerequisite for a high school diploma under section 3313.61,	51
3313.612, or 3325.08 of the Revised Code;	52

(3) The date after which a person shall meet the requirements	53
of the entire assessment system as a prerequisite for a diploma of	54
adult education under section 3313.611 of the Revised Code;	55

(4) Whether and the extent to which a person may be excused	56
from a social studies end-of-course examination under division (H)	57
of section 3313.61 and division (B)(2) of section 3313.612 of the	58
Revised Code;	59

(5) The date after which a person who has fulfilled the	60
curriculum requirement for a diploma but has not passed one or	61
more of the required assessments at the time the person fulfilled	62
the curriculum requirement shall meet the requirements of the	63
entire assessment system as a prerequisite for a high school	64
diploma under division (B) of section 3313.614 of the Revised	65
Code;	66

(6) The extent to which the assessment system applies to	67
students enrolled in a dropout recovery and prevention program for	68
purposes of division (F) of section 3313.603 and section 3314.36	69
of the Revised Code.	70

No rule adopted under this division shall be effective	71
earlier than one year after the date the rule is filed in final	72
form pursuant to Chapter 119. of the Revised Code.	73

(E) Not later than forty-five days prior to the state board's	74
adoption of a resolution directing the department of education to	75
file the rules prescribed by division (D) of this section in final	76
form under section 119.04 of the Revised Code, the superintendent	77
of public instruction shall present the assessment system	78
developed under this section to the respective committees of the	79
house of representatives and senate that consider education	80
legislation.	81

Sec. 3314.016. This section applies to any entity that	82
sponsors a community school, regardless of whether section	83
3314.021 or 3314.027 of the Revised Code exempts the entity from	84
the requirement to be approved for sponsorship under divisions	85
(A)(2) and (B)(1) of section 3314.015 of the Revised Code.	86

(A) An entity that sponsors a community school shall be	87
permitted to enter into contracts under section 3314.03 of the	88
Revised Code to sponsor additional community schools only if the	89
entity meets both of the following criteria:	90

(1) The entity is in compliance with all provisions of this	91
chapter requiring sponsors of community schools to report data or	92
information to the department of education.	93

(2) The entity is not ranked in the lowest twenty per cent of	94
community school sponsors on the ranking prescribed by division	95
(B) of this section.	96

(B) For purposes of this section, the department shall	97
develop a composite performance index score, as defined in section	98
3302.01 of the Revised Code, that measures the academic	99
performance of students enrolled in community schools sponsored by	100
the same entity. In calculating the composite performance index	101
score, the department shall exclude all community schools	102
described in division (A)(3) of section 3314.35 of the Revised	103
Code, but the department shall cease to exclude those schools	104
beginning January 1, 2013, if the general assembly does not enact	105
by that date separate performance standards for community schools	106
that operate dropout prevention and recovery programs and for	107
community schools that serve students with disabilities. The	108
department annually shall rank all entities that sponsor community	109
schools from highest to lowest according to the entities'	110
composite performance index scores.	111

(C) If the governing authority of a community school enters	112
into a contract with a sponsor prior to the date on which the	113
sponsor is prohibited from sponsoring additional schools under	114
division (A) of this section and the school has not opened for	115
operation as of that date, that contract shall be void and the	116
school shall not open until the governing authority secures a new	117
sponsor by entering into a contract with the new sponsor under	118
section 3314.03 of the Revised Code.	119

Sec. 3314.35.  (A)(1) Except as provided in division (A)(3)	120
of this section, this section applies to any community school that	121
meets one of the following criteria after July 1, 2009, but before	122
July 1, 2011:	123

(a) The school does not offer a grade level higher than three	124
and has been declared to be in a state of academic emergency under	125
section 3302.03 of the Revised Code for three of the four most	126
recent school years.	127

(b) The school satisfies all of the following conditions:

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(i) The school offers any of grade levels four to eight but	129
does not offer a grade level higher than nine.	130

(ii) The school has been declared to be in a state of	131
academic emergency under section 3302.03 of the Revised Code for	132
two of the three most recent school years.	133

(iii) In at least two of the three most recent school years,	134
the school showed less than one standard year of academic growth	135
in either reading or mathematics, as determined by the department	136
of education in accordance with rules adopted under division (A)	137
of section 3302.021 of the Revised Code.	138

(c) The school offers any of grade levels ten to twelve and	139
has been declared to be in a state of academic emergency under	140
section 3302.03 of the Revised Code for three of the four most	141
recent school years.	142

(2) Except as provided in division (A)(3) of this section,	143
this section applies to any community school that meets one of the	144
following criteria after July 1, 2011:	145

(a) The school does not offer a grade level higher than three	146
and has been declared to be in a state of academic emergency under	147
section 3302.03 of the Revised Code for two of the three most	148
recent school years.	149

(b) The school satisfies all of the following conditions:

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(i) The school offers any of grade levels four to eight but	151
does not offer a grade level higher than nine.	152

(ii) The school has been declared to be in a state of	153
academic emergency under section 3302.03 of the Revised Code for	154
two of the three most recent school years.	155

(iii) In at least two of the three most recent school years,	156
the school showed less than one standard year of academic growth	157
in either reading or mathematics, as determined by the department	158
in accordance with rules adopted under division (A) of section	159
3302.021 of the Revised Code.	160

(c) The school offers any of grade levels ten to twelve and	161
has been declared to be in a state of academic emergency under	162
section 3302.03 of the Revised Code for two of the three most	163
recent school years.	164

(3) This section does not apply to either of the following:

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(a) Any community school in which a majority of the students	166
are enrolled in a dropout prevention and recovery program that is	167
operated by the school and that has been granted a waiver under	168
section 3314.36 of the Revised Code;	169

(b) Anyany community school in which a majority of the	170
enrolled students are children with disabilities receiving special	171
education and related services in accordance with Chapter 3323. of	172
the Revised Code.	173

(B) Any community school to which this section applies shall	174
permanently close at the conclusion of the school year in which	175
the school first becomes subject to this section. The sponsor and	176
governing authority of the school shall comply with all procedures	177
for closing a community school adopted by the department under	178
division (E) of section 3314.015 of the Revised Code. The	179
governing authority of the school shall not enter into a contract	180
with any other sponsor under section 3314.03 of the Revised Code	181
after the school closes.	182

(C) In accordance with division (B) of section 3314.012 of	183
the Revised Code, the department shall not consider the	184
performance ratings assigned to a community school for its first	185
two years of operation when determining whether the school meets	186
the criteria prescribed by division (A)(1) or (2) of this section.	187

Section 2. That existing sections 3301.0712, 3314.016, and	188
3314.35 and section 3314.36 of the Revised Code are hereby	189
repealed.	190