As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 343

Representative Stebelton 

Cosponsors: Representatives Anielski, Baker, Burkley, Duffey, Grossman, Henne, Kunze, McGregor, Ruhl, Sheehy, Sprague Speaker Batchelder 

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A BILL

To amend sections 3301.0711, 3301.0712, 3302.02,

1

3302.03, 3302.035, 3313.534, 3313.612, 3313.672,

2

3313.814, 3314.06, 3314.38, 3317.034, 3317.23,

3

3317.24, 3319.227, 3319.261, 3321.13, 3345.86,

4

3365.04, 3365.05, and 3365.07 of the Revised Code,

5

and to amend Sections 263.20 and 263.320 of Am.

6

Sub. H.B. 59 of the 130th General Assembly, as

7

subsequently amended, and Section 9 of Am. Sub.

8

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

9

respect to state assessments and academic

10

performance reporting, and to make other changes

11

regarding primary and secondary education

12

programs.

13

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

Section 1. That sections 3301.0711, 3301.0712, 3302.02,	14
3302.03, 3302.035, 3313.534, 3313.612, 3313.672, 3313.814,	15
3314.06, 3314.38, 3317.034, 3317.23, 3317.24, 3319.227, 3319.261,	16
3321.13, 3345.86, 3365.04, 3365.05, and 3365.07 of the Revised	17
Code be amended to read as follows:	18

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

19

(1) Annually furnish to, grade, and score all assessments	20
required by divisions (A)(1) and (B)(1) of section 3301.0710 of	21
the Revised Code to be administered by city, local, exempted	22
village, and joint vocational school districts, except that each	23
district shall score any assessment administered pursuant to	24
division (B)(10) of this section. Each assessment so furnished	25
shall include the data verification code of the student to whom	26
the assessment will be administered, as assigned pursuant to	27
division (D)(2) of section 3301.0714 of the Revised Code. In	28
furnishing the practice versions of Ohio graduation tests	29
prescribed by division (D) of section 3301.0710 of the Revised	30
Code, the department shall make the tests available on its web	31
site for reproduction by districts. In awarding contracts for	32
grading assessments, the department shall give preference to	33
Ohio-based entities employing Ohio residents.	34

(2) Adopt rules for the ethical use of assessments and	35
prescribing the manner in which the assessments prescribed by	36
section 3301.0710 of the Revised Code shall be administered to	37
students.	38

(B) Except as provided in divisions (C) and (J) of this	39
section, the board of education of each city, local, and exempted	40
village school district shall, in accordance with rules adopted	41
under division (A) of this section:	42

(1) Administer the English language arts assessments	43
prescribed under division (A)(1)(a) of section 3301.0710 of the	44
Revised Code twice annually to all students in the third grade who	45
have not attained the score designated for that assessment under	46
division (A)(2)(c) of section 3301.0710 of the Revised Code.	47

(2) Administer the mathematics assessment prescribed under	48
division (A)(1)(a) of section 3301.0710 of the Revised Code at	49
least once annually to all students in the third grade.	50

(3) Administer the assessments prescribed under division	51
(A)(1)(b) of section 3301.0710 of the Revised Code at least once	52
annually to all students in the fourth grade.	53

(4) Administer the assessments prescribed under division	54
(A)(1)(c) of section 3301.0710 of the Revised Code at least once	55
annually to all students in the fifth grade.	56

(5) Administer the assessments prescribed under division	57
(A)(1)(d) of section 3301.0710 of the Revised Code at least once	58
annually to all students in the sixth grade.	59

(6) Administer the assessments prescribed under division	60
(A)(1)(e) of section 3301.0710 of the Revised Code at least once	61
annually to all students in the seventh grade.	62

(7) Administer the assessments prescribed under division	63
(A)(1)(f) of section 3301.0710 of the Revised Code at least once	64
annually to all students in the eighth grade.	65

(8) Except as provided in division (B)(9) of this section,	66
administer any assessment prescribed under division (B)(1) of	67
section 3301.0710 of the Revised Code as follows:	68

(a) At least once annually to all tenth grade students and at	69
least twice annually to all students in eleventh or twelfth grade	70
who have not yet attained the score on that assessment designated	71
under that division;	72

(b) To any person who has successfully completed the	73
curriculum in any high school or the individualized education	74
program developed for the person by any high school pursuant to	75
section 3323.08 of the Revised Code but has not received a high	76
school diploma and who requests to take such assessment, at any	77
time such assessment is administered in the district.	78

(9) In lieu of the board of education of any city, local, or	79
exempted village school district in which the student is also	80
enrolled, the board of a joint vocational school district shall	81
administer any assessment prescribed under division (B)(1) of	82
section 3301.0710 of the Revised Code at least twice annually to	83
any student enrolled in the joint vocational school district who	84
has not yet attained the score on that assessment designated under	85
that division. A board of a joint vocational school district may	86
also administer such an assessment to any student described in	87
division (B)(8)(b) of this section.	88

(10) If the district has a three-year average graduation rate	89
of not more than seventy-five per cent, administer each assessment	90
prescribed by division (D) of section 3301.0710 of the Revised	91
Code in September to all ninth grade students, beginning in the	92
school year that starts July 1, 2005who entered ninth grade prior	93
to July 1, 2014.	94

Except as provided in section 3313.614 of the Revised Code	95
for administration of an assessment to a person who has fulfilled	96
the curriculum requirement for a high school diploma but has not	97
passed one or more of the required assessments, the assessments	98
prescribed under division (B)(1) of section 3301.0710 of the	99
Revised Code and the practice assessments prescribed under	100
division (D) of that section and required to be administered under	101
divisions (B)(8), (9), and (10) of this section shall not be	102
administered after July 1, 2015the date specified in the rules	103
adopted by the state board of education under division (D)(1) of	104
section 3301.0712 of the Revised Code.	105

(11) Administer the assessments prescribed by division (B)(2)	106
of section 3301.0710 and section 3301.0712 of the Revised Code in	107
accordance with the timeline and plan for implementation of those	108
assessments prescribed by rule of the state board adopted under	109
division (D)(1) of section 3301.0712 of the Revised Code.	110

(C)(1)(a) In the case of a student receiving special	111
education services under Chapter 3323. of the Revised Code, the	112
individualized education program developed for the student under	113
that chapter shall specify the manner in which the student will	114
participate in the assessments administered under this section.	115
The individualized education program may excuse the student from	116
taking any particular assessment required to be administered under	117
this section if it instead specifies an alternate assessment	118
method approved by the department of education as conforming to	119
requirements of federal law for receipt of federal funds for	120
disadvantaged pupils. To the extent possible, the individualized	121
education program shall not excuse the student from taking an	122
assessment unless no reasonable accommodation can be made to	123
enable the student to take the assessment.	124

(b) Any alternate assessment approved by the department for a	125
student under this division shall produce measurable results	126
comparable to those produced by the assessment it replaces in	127
order to allow for the student's results to be included in the	128
data compiled for a school district or building under section	129
3302.03 of the Revised Code.	130

(c) Any student enrolled in a chartered nonpublic school who	131
has been identified, based on an evaluation conducted in	132
accordance with section 3323.03 of the Revised Code or section 504	133
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	134
794, as amended, as a child with a disability shall be excused	135
from taking any particular assessment required to be administered	136
under this section if a plan developed for the student pursuant to	137
rules adopted by the state board excuses the student from taking	138
that assessment. In the case of any student so excused from taking	139
an assessment, the chartered nonpublic school shall not prohibit	140
the student from taking the assessment.	141

(2) A district board may, for medical reasons or other good	142
cause, excuse a student from taking an assessment administered	143
under this section on the date scheduled, but that assessment	144
shall be administered to the excused student not later than nine	145
days following the scheduled date. The district board shall	146
annually report the number of students who have not taken one or	147
more of the assessments required by this section to the state	148
board of education not later than the thirtieth day of June.	149

(3) As used in this division, "limited English proficient	150
student" has the same meaning as in 20 U.S.C. 7801.	151

No school district board shall excuse any limited English	152
proficient student from taking any particular assessment required	153
to be administered under this section, except that any limited	154
English proficient student who has been enrolled in United States	155
schools for less than one full school year shall not be required	156
to take any reading, writing, or English language arts assessment.	157
However, no board shall prohibit a limited English proficient	158
student who is not required to take an assessment under this	159
division from taking the assessment. A board may permit any	160
limited English proficient student to take an assessment required	161
to be administered under this section with appropriate	162
accommodations, as determined by the department. For each limited	163
English proficient student, each school district shall annually	164
assess that student's progress in learning English, in accordance	165
with procedures approved by the department.	166

The governing authority of a chartered nonpublic school may	167
excuse a limited English proficient student from taking any	168
assessment administered under this section. However, no governing	169
authority shall prohibit a limited English proficient student from	170
taking the assessment.	171

(D)(1) In the school year next succeeding the school year in	172
which the assessments prescribed by division (A)(1) or (B)(1) of	173
section 3301.0710 of the Revised Code or former division (A)(1),	174
(A)(2), or (B) of section 3301.0710 of the Revised Code as it	175
existed prior to September 11, 2001, are administered to any	176
student, the board of education of any school district in which	177
the student is enrolled in that year shall provide to the student	178
intervention services commensurate with the student's performance,	179
including any intensive intervention required under section	180
3313.608 of the Revised Code, in any skill in which the student	181
failed to demonstrate at least a score at the proficient level on	182
the assessment.	183

(2) Following any administration of the assessments	184
prescribed by division (D) of section 3301.0710 of the Revised	185
Code to ninth grade students, each school district that has a	186
three-year average graduation rate of not more than seventy-five	187
per cent shall determine for each high school in the district	188
whether the school shall be required to provide intervention	189
services to any students who took the assessments. In determining	190
which high schools shall provide intervention services based on	191
the resources available, the district shall consider each school's	192
graduation rate and scores on the practice assessments. The	193
district also shall consider the scores received by ninth grade	194
students on the English language arts and mathematics assessments	195
prescribed under division (A)(1)(f) of section 3301.0710 of the	196
Revised Code in the eighth grade in determining which high schools	197
shall provide intervention services.	198

Each high school selected to provide intervention services	199
under this division shall provide intervention services to any	200
student whose results indicate that the student is failing to make	201
satisfactory progress toward being able to attain scores at the	202
proficient level on the Ohio graduation tests. Intervention	203
services shall be provided in any skill in which a student	204
demonstrates unsatisfactory progress and shall be commensurate	205
with the student's performance. Schools shall provide the	206
intervention services prior to the end of the school year, during	207
the summer following the ninth grade, in the next succeeding	208
school year, or at any combination of those times.	209

(E) Except as provided in section 3313.608 of the Revised	210
Code and division (M) of this section, no school district board of	211
education shall utilize any student's failure to attain a	212
specified score on an assessment administered under this section	213
as a factor in any decision to deny the student promotion to a	214
higher grade level. However, a district board may choose not to	215
promote to the next grade level any student who does not take an	216
assessment administered under this section or make up an	217
assessment as provided by division (C)(2) of this section and who	218
is not exempt from the requirement to take the assessment under	219
division (C)(3) of this section.	220

(F) No person shall be charged a fee for taking any	221
assessment administered under this section.	222

(G)(1) Each school district board shall designate one	223
location for the collection of assessments administered in the	224
spring under division (B)(1) of this section and those	225
administered under divisions (B)(2) to (7) of this section. Each	226
district board shall submit the assessments to the entity with	227
which the department contracts for the scoring of the assessments	228
as follows:	229

(a) If the district's total enrollment in grades kindergarten	230
through twelve during the first full school week of October was	231
less than two thousand five hundred, not later than the Friday	232
after all of the assessments have been administered;	233

(b) If the district's total enrollment in grades kindergarten	234
through twelve during the first full school week of October was	235
two thousand five hundred or more, but less than seven thousand,	236
not later than the Monday after all of the assessments have been	237
administered;	238

(c) If the district's total enrollment in grades kindergarten	239
through twelve during the first full school week of October was	240
seven thousand or more, not later than the Tuesday after all of	241
the assessments have been administered.	242

However, any assessment that a student takes during the	243
make-up period described in division (C)(2) of this section shall	244
be submitted not later than the Friday following the day the	245
student takes the assessment.	246

(2) The department or an entity with which the department	247
contracts for the scoring of the assessment shall send to each	248
school district board a list of the individual scores of all	249
persons taking an assessment prescribed by division (A)(1) or	250
(B)(1) of section 3301.0710 of the Revised Code within sixty days	251
after its administration, but in no case shall the scores be	252
returned later than the fifteenth day of June following the	253
administration. For assessments administered under this section by	254
a joint vocational school district, the department or entity shall	255
also send to each city, local, or exempted village school district	256
a list of the individual scores of any students of such city,	257
local, or exempted village school district who are attending	258
school in the joint vocational school district.	259

(H) Individual scores on any assessments administered under	260
this section shall be released by a district board only in	261
accordance with section 3319.321 of the Revised Code and the rules	262
adopted under division (A) of this section. No district board or	263
its employees shall utilize individual or aggregate results in any	264
manner that conflicts with rules for the ethical use of	265
assessments adopted pursuant to division (A) of this section.	266

(I) Except as provided in division (G) of this section, the	267
department or an entity with which the department contracts for	268
the scoring of the assessment shall not release any individual	269
scores on any assessment administered under this section. The	270
state board of education shall adopt rules to ensure the	271
protection of student confidentiality at all times. The rules may	272
require the use of the data verification codes assigned to	273
students pursuant to division (D)(2) of section 3301.0714 of the	274
Revised Code to protect the confidentiality of student scores.	275

(J) Notwithstanding division (D) of section 3311.52 of the	276
Revised Code, this section does not apply to the board of	277
education of any cooperative education school district except as	278
provided under rules adopted pursuant to this division.	279

(1) In accordance with rules that the state board of	280
education shall adopt, the board of education of any city,	281
exempted village, or local school district with territory in a	282
cooperative education school district established pursuant to	283
divisions (A) to (C) of section 3311.52 of the Revised Code may	284
enter into an agreement with the board of education of the	285
cooperative education school district for administering any	286
assessment prescribed under this section to students of the city,	287
exempted village, or local school district who are attending	288
school in the cooperative education school district.	289

(2) In accordance with rules that the state board of	290
education shall adopt, the board of education of any city,	291
exempted village, or local school district with territory in a	292
cooperative education school district established pursuant to	293
section 3311.521 of the Revised Code shall enter into an agreement	294
with the cooperative district that provides for the administration	295
of any assessment prescribed under this section to both of the	296
following:	297

(a) Students who are attending school in the cooperative	298
district and who, if the cooperative district were not	299
established, would be entitled to attend school in the city,	300
local, or exempted village school district pursuant to section	301
3313.64 or 3313.65 of the Revised Code;	302

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

303

Any assessment of students pursuant to such an agreement	304
shall be in lieu of any assessment of such students or persons	305
pursuant to this section.	306

(K)(1)(a) Except as otherwise provided in division (K)(1)(a)	307
or (K)(1)(c) of this section, each chartered nonpublic school for	308
which at least sixty-five per cent of its total enrollment is made	309
up of students who are participating in state scholarship programs	310
shall administer the elementary assessments prescribed by section	311
3301.0710 of the Revised Code. In accordance with procedures and	312
deadlines prescribed by the department, the parent or guardian of	313
a student enrolled in the school who is not participating in a	314
state scholarship program may submit notice to the chief	315
administrative officer of the school that the parent or guardian	316
does not wish to have the student take the elementary assessments	317
prescribed for the student's grade level under division (A) of	318
section 3301.0710 of the Revised Code. If a parent or guardian	319
submits an opt-out notice, the school shall not administer the	320
assessments to that student. This option does not apply to any	321
assessment required for a high school diploma under section	322
3313.612 of the Revised Code.	323

(b) If a chartered nonpublic school is educating students in	324
grades nine through twelve, it shall administer the assessments	325
prescribed by divisions (B)(1) and (2) of section 3301.0710 of the	326
Revised Code as a condition of compliance with section 3313.612 of	327
the Revised Code.	328

(c) A chartered nonpublic school may submit to the	329
superintendent of public instruction a request for a waiver from	330
administering the elementary assessments prescribed by division	331
(A) of section 3301.0710 of the Revised Code. The state	332
superintendent shall approve or disapprove a request for a waiver	333
submitted under division (K)(1)(c) of this section. No waiver	334
shall be approved for any school year prior to the 2015-2016	335
school year.	336

To be eligible to submit a request for a waiver, a chartered	337
nonpublic school shall meet the following conditions:	338

(i) At least ninety-five per cent of the students enrolled in	339
the school are children with disabilities, as defined under	340
section 3323.01 of the Revised Code, or have received a diagnosis	341
by a school district or from a physician, including a	342
neuropsychiatrist or psychiatrist, or a psychologist who is	343
authorized to practice in this or another state as having a	344
condition that impairs academic performance, such as dyslexia,	345
dyscalculia, attention deficit hyperactivity disorder, or	346
Asperger's syndrome.	347

(ii) The school has solely served a student population	348
described in division (K)(1)(c)(i) of this section for at least	349
ten years.	350

(iii) The school provides to the department at least five	351
years of records of internal testing conducted by the school that	352
affords the department data required for accountability purposes,	353
including diagnostic assessments and nationally standardized	354
norm-referenced achievement assessments that measure reading and	355
math skills.	356

(d) Any chartered nonpublic school that is not subject to	357
division (K)(1)(a) of this section may participate in the	358
assessment program by administering any of the assessments	359
prescribed by division (A) of section 3301.0710 of the Revised	360
Code. The chief administrator of the school shall specify which	361
assessments the school will administer. Such specification shall	362
be made in writing to the superintendent of public instruction	363
prior to the first day of August of any school year in which	364
assessments are administered and shall include a pledge that the	365
nonpublic school will administer the specified assessments in the	366
same manner as public schools are required to do under this	367
section and rules adopted by the department.	368

(2) The department of education shall furnish the assessments	369
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	370
to each chartered nonpublic school that is subject to division	371
(K)(1)(a) of this section or participates under division (K)(1)(b)	372
of this section.	373

(L)(1) The superintendent of the state school for the blind	374
and the superintendent of the state school for the deaf shall	375
administer the assessments described by sections 3301.0710 and	376
3301.0712 of the Revised Code. Each superintendent shall	377
administer the assessments in the same manner as district boards	378
are required to do under this section and rules adopted by the	379
department of education and in conformity with division (C)(1)(a)	380
of this section.	381

(2) The department of education shall furnish the assessments	382
described by sections 3301.0710 and 3301.0712 of the Revised Code	383
to each superintendent.	384

(M) Notwithstanding division (E) of this section, a school	385
district may use a student's failure to attain a score in at least	386
the proficient range on the mathematics assessment described by	387
division (A)(1)(a) of section 3301.0710 of the Revised Code or on	388
an assessment described by division (A)(1)(b), (c), (d), (e), or	389
(f) of section 3301.0710 of the Revised Code as a factor in	390
retaining that student in the current grade level.	391

(N)(1) In the manner specified in divisions (N)(3), (4), and	392
(6) of this section, the assessments required by division (A)(1)	393
of section 3301.0710 of the Revised Code shall become public	394
records pursuant to section 149.43 of the Revised Code on the	395
thirty-first day of July following the school year that the	396
assessments were administered.	397

(2) The department may field test proposed questions with	398
samples of students to determine the validity, reliability, or	399
appropriateness of questions for possible inclusion in a future	400
year's assessment. The department also may use anchor questions on	401
assessments to ensure that different versions of the same	402
assessment are of comparable difficulty.	403

Field test questions and anchor questions shall not be	404
considered in computing scores for individual students. Field test	405
questions and anchor questions may be included as part of the	406
administration of any assessment required by division (A)(1) or	407
(B) of section 3301.0710 and division (B) of section 3301.0712 of	408
the Revised Code.	409

(3) Any field test question or anchor question administered	410
under division (N)(2) of this section shall not be a public	411
record. Such field test questions and anchor questions shall be	412
redacted from any assessments which are released as a public	413
record pursuant to division (N)(1) of this section.	414

(4) This division applies to the assessments prescribed by	415
division (A) of section 3301.0710 of the Revised Code.	416

(a) The first administration of each assessment, as specified	417
in former section 3301.0712 of the Revised Code, shall be a public	418
record.	419

(b) For subsequent administrations of each assessment prior	420
to the 2011-2012 school year, not less than forty per cent of the	421
questions on the assessment that are used to compute a student's	422
score shall be a public record. The department shall determine	423
which questions will be needed for reuse on a future assessment	424
and those questions shall not be public records and shall be	425
redacted from the assessment prior to its release as a public	426
record. However, for each redacted question, the department shall	427
inform each city, local, and exempted village school district of	428
the statewide academic standard adopted by the state board of	429
education under section 3301.079 of the Revised Code and the	430
corresponding benchmark to which the question relates. The	431
preceding sentence does not apply to field test questions that are	432
redacted under division (N)(3) of this section.	433

(c) The administrations of each assessment in the 2011-2012,	434
2012-2013, and 2013-2014 school years shall not be a public	435
record.	436

(5) Each assessment prescribed by division (B)(1) of section	437
3301.0710 of the Revised Code shall not be a public record.	438

(6) Beginning with the spring administration for the	439
2014-2015 school year, questions on the assessments prescribed	440
under division (A) of section 3301.0710 and division (B)(2) of	441
section 3301.0712 of the Revised Code and the corresponding	442
preferred answers that are used to compute a student's score shall	443
become a public record as follows:	444

(a) Forty per cent of the questions and preferred answers on	445
the assessments on the thirty-first day of July following the	446
administration of the assessment;	447

(b) Twenty per cent of the questions and preferred answers on	448
the assessment on the thirty-first day of July one year after the	449
administration of the assessment;	450

(c) The remaining forty per cent of the questions and	451
preferred answers on the assessment on the thirty-first day of	452
July two years after the administration of the assessment.	453

The entire content of an assessment shall become a public	454
record within three years of its administration.	455

The department shall make the questions that become a public	456
record under this division readily accessible to the public on the	457
department's web site. Questions on the spring administration of	458
each assessment shall be released on an annual basis, in	459
accordance with this division.	460

(O) As used in this section:

461

(1) "Three-year average" means the average of the most recent	462
consecutive three school years of data.	463

(2) "Dropout" means a student who withdraws from school	464
before completing course requirements for graduation and who is	465
not enrolled in an education program approved by the state board	466
of education or an education program outside the state. "Dropout"	467
does not include a student who has departed the country.	468

(3) "Graduation rate" means the ratio of students receiving a	469
diploma to the number of students who entered ninth grade four	470
years earlier. Students who transfer into the district are added	471
to the calculation. Students who transfer out of the district for	472
reasons other than dropout are subtracted from the calculation. If	473
a student who was a dropout in any previous year returns to the	474
same school district, that student shall be entered into the	475
calculation as if the student had entered ninth grade four years	476
before the graduation year of the graduating class that the	477
student joins.	478

(4) "State scholarship programs" means the educational choice	479
scholarship pilot program established under sections 3310.01 to	480
3310.17 of the Revised Code, the autism scholarship program	481
established under section 3310.41 of the Revised Code, the Jon	482
Peterson special needs scholarship program established under	483
sections 3310.51 to 3310.64 of the Revised Code, and the pilot	484
project scholarship program established under sections 3313.974 to	485
3313.979 of the Revised Code.	486

Sec. 3301.0712.  (A) The state board of education, the	487
superintendent of public instruction, and the chancellor of the	488
Ohio board of regents shall develop a system of college and work	489
ready assessments as described in division (B) of this section to	490
assess whether each student upon graduating from high school is	491
ready to enter college or the workforce. Beginning with students	492
who enter the ninth grade for the first time on or after July 1,	493
2014, the system shall replace the Ohio graduation tests	494
prescribed in division (B)(1) of section 3301.0710 of the Revised	495
Code as a measure of student academic performance and one	496
determinant of eligibility for a high school diploma in the manner	497
prescribed by rule of the state board adopted under division (D)	498
of this section.	499

(B) The college and work ready assessment system shall	500
consist of the following:	501

(1) A nationally standardized assessment that measures	502
college and career readiness,and is used for college admission,	503
and includes components in English, mathematics, science, and	504
social studies. The assessment shall be selected jointly by the	505
state superintendent and the chancellor. The assessment prescribed	506
under division (B)(1) of this section shall be administered to all	507
eleventh-grade students.	508

(2) Seven end-of-course examinations, one in each of the	509
areas of English language arts I, English language arts II,	510
physical science or biology, Algebra I, geometry, American	511
history, and American government. The end-of-course examinations	512
shall be selected jointly by the state superintendent and the	513
chancellor in consultation with faculty in the appropriate subject	514
areas at institutions of higher education of the university system	515
of Ohio. Advanced placement examinations,and international	516
baccalaureate examinations, and dual enrollment or advanced	517
standing program examinations, as prescribed under section	518
3313.6013 of the Revised Code, in the areas of physical science or	519
biology, American history, and American government may be used as	520
end-of-course examinations in accordance with division	521
(B)(4)(a)(i) of this section. Final course grades for courses	522
taken under any other advanced standing program, as prescribed	523
under section 3313.6013 of the Revised Code, in the areas of	524
physical science or biology, American history, and American	525
government may be used in lieu of end-of-course examinations in	526
accordance with division (B)(4)(a)(ii) of this section.	527

(3)(a) Not later than July 1, 2013, each school district	528
board of education shall adopt interim end-of-course examinations	529
that comply with the requirements of divisions (B)(3)(b)(i) and	530
(ii) of this section to assess mastery of American history and	531
American government standards adopted under division (A)(1)(b) of	532
section 3301.079 of the Revised Code and the topics required under	533
division (M) of section 3313.603 of the Revised Code. Each high	534
school of the district shall use the interim examinations until	535
the state superintendent and chancellor select end-of-course	536
examinations in American history and American government under	537
division (B)(2) of this section.	538

(b) Not later than July 1, 2014, the state superintendent and	539
the chancellor shall select the end-of-course examinations in	540
American history and American government.	541

(i) The end-of-course examinations in American history and	542
American government shall require demonstration of mastery of the	543
American history and American government content for social	544
studies standards adopted under division (A)(1)(b) of section	545
3301.079 of the Revised Code and the topics required under	546
division (M) of section 3313.603 of the Revised Code.	547

(ii) At least twenty per cent of the end-of-course	548
examination in American government shall address the topics on	549
American history and American government described in division (M)	550
of section 3313.603 of the Revised Code.	551

(4)(a) Notwithstanding anything to the contrary in this	552
section, beginning with the 2014-2015 school year, ifboth of the	553
following shall apply:	554

(i) If a student is enrolled in an appropriate advanced	555
placement or international baccalaureate course or is enrolled	556
under any other dual enrollment or advanced standing program, that	557
student shall take the advanced placement or international	558
baccalaureate examination or applicable examination under dual	559
enrollment or advanced standing in lieu of the physical science or	560
biology, American history, or American government end-of-course	561
examinations prescribed under division (B)(2) of this section. The	562
state board shall specify the score levels for each advanced	563
placement examination,and international baccalaureate	564
examination, and examination required under other dual enrollment	565
or advanced standing programs for purposes of calculating the	566
minimum cumulative performance score that demonstrates the level	567
of academic achievement necessary to earn a high school diploma.	568

(ii) If a student is enrolled in an appropriate course under	569
any other advanced standing program, as described in section	570
3313.6013 of the Revised Code, that student shall not be required	571
to take the physical science or biology, American history, or	572
American government end-of-course examination, whichever is	573
applicable, prescribed under division (B)(2) of this section.	574
Instead, that student's final course grade shall be used in lieu	575
of the applicable end-of-course examination prescribed under that	576
section. The state superintendent and the chancellor jointly shall	577
adopt guidelines for purposes of calculating the minimum final	578
course grade that demonstrates the level of academic achievement	579
necessary to earn a high school diploma.	580

Division (B)(4)(a)(ii) of this section shall apply only to	581
courses for which students receive transcripted credit, as defined	582
in division (U) of section 3365.01 of the Revised Code. It shall	583
not apply to remedial or developmental courses.	584

(b) No student shall take a substitute examination or	585
examination prescribed under division (B)(4)(a) of this section in	586
place of the end-of-course examinations in English language arts	587
I, English language arts II, Algebra I, or geometry prescribed	588
under division (B)(2) of this section.	589

(c) The state board shall consider additional assessments	590
that may be used, beginning with the 2016-2017 school year, as	591
substitute examinations in lieu of the end-of-course examinations	592
prescribed under division (B)(2) of this section.	593

(5)(a) The state board shall determinedo all of the	594
following:	595

(a) Determine and designate at least five ranges of scores on	596
each of the end-of-course examinations prescribed under division	597
(B)(2) of this section, and substitute examinations prescribed	598
under division (B)(4) of this section. Each range of scores shall	599
be considered to demonstrate a level of achievement so that any	600
student attaining a score within such range has achieved one of	601
the following:	602

(i) An advanced level of skill;

603

(ii) An accelerated level of skill;

604

(iii) A proficient level of skill;

605

(iv) A basic level of skill;

606

(v) A limited level of skill.

607

(b) Determine a method by which to calculate a cumulative	608
performance score based on the results of a student's	609
end-of-course examinations or substitute examinations;	610

(c) Determine the minimum cumulative performance score that	611
demonstrates the level of academic achievement necessary to earn a	612
high school diploma;	613

(d) Develop a table of corresponding score equivalents for	614
the end-of-course examinations and substitute examinations in	615
order to calculate student performance consistently across the	616
different examinations. A score of two on an advanced placement	617
examination shall be considered equivalent to a proficient level	618
of skill as specified under division (B)(5)(a)(iii) of this	619
section. A score of three on an advanced placement examinations	620
shall be considered equivalent to an accelerated level of skill as	621
specified under division (B)(5)(a)(ii) of this section.	622

(6) Any student who received high school credit prior to July	623
1, 2014, for a course for which an end-of-course examination is	624
prescribed by division (B)(2) of this section shall not be	625
required to take that end-of-course examination. Receipt of credit	626
for that course shall satisfy the requirement to take the	627
end-of-course examination.	628

(7)(a) Notwithstanding anything to the contrary in this	629
section, the state board may replace the algebra I end-of-course	630
examination prescribed under division (B)(2) of this section with	631
an algebra II end-of-course examination, beginning with the	632
2016-2017 school year for students who enter ninth grade on or	633
after July 1, 2016.	634

(b) If the state board replaces the algebra I end-of-course	635
examination with an algebra II end-of-course examination as	636
authorized under division (B)(7)(a) of this section, aboth of the	637
following shall apply:	638

(i) A student who is enrolled in an advanced placement or	639
international baccalaureate course in algebra II or is enrolled	640
under any other dual enrollment or advanced standing program in	641
algebra II shall take the advanced placement or international	642
baccalaureate examination or applicable examination under dual	643
enrollment or advanced standing in lieu of the algebra II	644
end-of-course examination.	645

(ii) A student who is enrolled in an algebra II course under	646
any other advanced standing program, as described in section	647
3313.6013 of the Revised Code, shall not be required to take the	648
algebra II end-of-course examination, so long as the course is not	649
remedial or developmental and the student receives transcripted	650
credit, as defined in division (U) of section 3365.01 of the	651
Revised Code, for the course. Instead, that student's final course	652
grade shall be used in lieu of the examination.	653

(c) If a school district or school utilizes an integrated	654
approach to mathematics instruction, the district or school may do	655
either or both of the following:	656

(i) Administer an integrated mathematics I end-of-course	657
examination in lieu of the prescribed algebra I end-of-course	658
examination;	659

(ii) Administer an integrated mathematics II end-of-course	660
examination in lieu of the prescribed geometry end-of-course	661
examination.	662

(8)(a) Until July 1, 2016, the department of education shall	663
make available end-of-course examinations in both physical science	664
and biology.	665

(b) For any school year that begins on or after July 1, 2016,	666
the state board may choose to provide one or both of the	667
end-of-course examinations in physical science and biology.	668

(C) The state board shall convene a group of national	669
experts, state experts, and local practitioners to provide advice,	670
guidance, and recommendations for the alignment of standards and	671
model curricula to the assessments and in the design of the	672
end-of-course examinations prescribed by this section.	673

(D) Upon completion of the development of the assessment	674
system, the state board shall adopt rules prescribing all of the	675
following:	676

(1) A timeline and plan for implementation of the assessment	677
system, including a phased implementation if the state board	678
determines such a phase-in is warranted;	679

(2) The date after which a person shall meet the requirements	680
of the entire assessment system as a prerequisite for a diploma of	681
adult education under section 3313.611 of the Revised Code;	682

(3) Whether and the extent to which a person may be excused	683
from an American history end-of-course examination and an American	684
government end-of-course examination under division (H) of section	685
3313.61 and division (B)(3) of section 3313.612 of the Revised	686
Code;	687

(4) The date after which a person who has fulfilled the	688
curriculum requirement for a diploma but has not passed one or	689
more of the required assessments at the time the person fulfilled	690
the curriculum requirement shall meet the requirements of the	691
entire assessment system as a prerequisite for a high school	692
diploma under division (B) of section 3313.614 of the Revised	693
Code;	694

(5) The extent to which the assessment system applies to	695
students enrolled in a dropout recovery and prevention program for	696
purposes of division (F) of section 3313.603 and section 3314.36	697
of the Revised Code.	698

(E) Not later than forty-five days prior to the state board's	699
adoption of a resolution directing the department of education to	700
file the rules prescribed by division (D) of this section in final	701
form under section 119.04 of the Revised Code, the superintendent	702
of public instruction shall present the assessment system	703
developed under this section to the respective committees of the	704
house of representatives and senate that consider education	705
legislation.	706

(F)(1) Any person enrolled in a nonchartered nonpublic school	707
or any person who has been excused from attendance at school for	708
the purpose of home instruction under section 3321.04 of the	709
Revised Code may choose to participate in the system of	710
assessments administered under divisions (B)(1) and (2) of this	711
section. However, no such person shall be required to participate	712
in the system of assessments.	713

(2) The department shall adopt rules for the administration	714
and scoring of any assessments under division (F)(1) of this	715
section.	716

(G) Not later than December 31, 2014, the state board shall	717
select at least one nationally recognized job skills assessment.	718
Each school district shall administer that assessment to those	719
students who opt to take it. The state shall reimburse a school	720
district for the costs of administering that assessment. The state	721
board shall establish the minimum score a student must attain on	722
the job skills assessment in order to demonstrate a student's	723
workforce readiness and employability. The administration of the	724
job skills assessment to a student under this division shall not	725
exempt a school district from administering the assessments	726
prescribed in division (B) of this section to that student.	727

Sec. 3302.02.  Not later than one year after the adoption of	728
rules under division (D) of section 3301.0712 of the Revised Code	729
and at least every sixth year thereafter, upon recommendations of	730
the superintendent of public instruction, the state board of	731
education shall establish a set of performance indicators that	732
considered as a unit will be used as one of the performance	733
categories for the report cards required by section 3302.03 of the	734
Revised Code. In establishing these indicators, the superintendent	735
shall consider inclusion of student performance on assessments	736
prescribed under section 3301.0710 or 3301.0712 of the Revised	737
Code, rates of student improvement on such assessments, the	738
breadth of coursework available within the district, and other	739
indicators of student success.	740

Beginning with the report card for the 2014-2015 school year,	741
the performance indicators shall include an indicator that	742
reflects the level of services provided to, and the performance	743
of, students identified as gifted under Chapter 3324. of the	744
Revised Code. The indicator shall include the performance of	745
students identified as gifted on state assessments and value-added	746
growth measure disaggregated for students identified as gifted.	747

For the 2013-2014 school year, except as otherwise provided	748
in this section, for any indicator based on the percentage of	749
students attaining a proficient score on the assessments	750
prescribed by divisions (A) and (B)(1) of section 3301.0710 of the	751
Revised Code, a school district or building shall be considered to	752
have met the indicator if at least eighty per cent of the tested	753
students attain a score of proficient or higher on the assessment.	754
A school district or building shall be considered to have met the	755
indicator for the assessments prescribed by division (B)(1) of	756
section 3301.0710 of the Revised Code and only as administered to	757
eleventh grade students, if at least eighty-five per cent of the	758
tested students attain a score of proficient or higher on the	759
assessment. Not later than July 1, 2014, the	760

The state board mayshall adopt rules, under Chapter 119. of	761
the Revised Code, to establish different proficiency percentages	762
to meet each indicator that is based on a state assessment,	763
prescribed under section 3301.0710 or 3301.0712 of the Revised	764
Code, for the 2014-2015 school year and thereafter by the	765
following dates:	766

(A) Not later than December 1, 2015, for the 2014-2015 school	767
year;	768

(B) Not later than July 1, 2016, for the 2015-2016 school	769
year;	770

(C) Not later than July 1, 2017, for the 2016-2017 school	771
year, and for each school year thereafter.	772

The proficiency percentage shall not be less than sixty per	773
cent for the 2014-2015, 2015-2016, and 2016-2017 school years. The	774
proficiency percentage shall not be less than eighty per cent for	775
the 2017-2018 school year and each school year thereafter.	776

The superintendent shall not establish any performance	777
indicator for passage of the third or fourth grade English	778
language arts assessment that is solely based on the assessment	779
given in the fall for the purpose of determining whether students	780
have met the reading guarantee provisions of section 3313.608 of	781
the Revised Code.	782

Sec. 3302.03.  Annually, not later than the fifteenth day of	783
September or the preceding Friday when that day falls on a	784
Saturday or Sunday, the department of education shall assign a	785
letter grade for overall academic performance and for each	786
separate performance measure for each school district, and each	787
school building in a district, in accordance with this section.	788
The state board shall adopt rules pursuant to Chapter 119. of the	789
Revised Code to establish performance criteria for each letter	790
grade and prescribe a method by which the department assigns each	791
letter grade. For a school building to which any of the	792
performance measures do not apply, due to grade levels served by	793
the building, the state board shall designate the performance	794
measures that are applicable to the building and that must be	795
calculated separately and used to calculate the building's overall	796
grade. The department shall issue annual report cards reflecting	797
the performance of each school district, each building within each	798
district, and for the state as a whole using the performance	799
measures and letter grade system described in this section. The	800
department shall include on the report card for each district and	801
each building within each district the most recent two-year trend	802
data in student achievement for each subject and each grade.	803

(A)(1) For the 2012-2013 school year, the department shall	804
issue grades as described in division (E) of this section for each	805
of the following performance measures:	806

(a) Annual measurable objectives;

807

(b) Performance index score for a school district or	808
building. Grades shall be awarded as a percentage of the total	809
possible points on the performance index system as adopted by the	810
state board. In adopting benchmarks for assigning letter grades	811
under division (A)(1)(b) of this section, the state board of	812
education shall designate ninety per cent or higher for an "A," at	813
least seventy per cent but not more than eighty per cent for a	814
"C," and less than fifty per cent for an "F."	815

(c) The extent to which the school district or building meets	816
each of the applicable performance indicators established by the	817
state board under section 3302.02 of the Revised Code and the	818
percentage of applicable performance indicators that have been	819
achieved. In adopting benchmarks for assigning letter grades under	820
division (A)(1)(c) of this section, the state board shall	821
designate ninety per cent or higher for an "A."	822

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

823

In adopting benchmarks for assigning letter grades under	824
division (A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the	825
department shall designate a four-year adjusted cohort graduation	826
rate of ninety-three per cent or higher for an "A" and a five-year	827
cohort graduation rate of ninety-five per cent or higher for an	828
"A."	829

(e) The overall score under the value-added progress	830
dimension of a school district or building, for which the	831
department shall use up to three years of value-added data as	832
available. The letter grade assigned for this growth measure shall	833
be as follows:	834

(i) A score that is at least two standard errors of measure	835
above the mean score shall be designated as an "A."	836

(ii) A score that is at least one standard error of measure	837
but less than two standard errors of measure above the mean score	838
shall be designated as a "B."	839

(iii) A score that is less than one standard error of measure	840
above the mean score but greater than or equal to one standard	841
error of measure below the mean score shall be designated as a	842
"C."	843

(iv) A score that is not greater than one standard error of	844
measure below the mean score but is greater than or equal to two	845
standard errors of measure below the mean score shall be	846
designated as a "D."	847

(v) A score that is not greater than two standard errors of	848
measure below the mean score shall be designated as an "F."	849

Whenever the value-added progress dimension is used as a	850
graded performance measure, whether as an overall measure or as a	851
measure of separate subgroups, the grades for the measure shall be	852
calculated in the same manner as prescribed in division (A)(1)(e)	853
of this section.	854

(f) The value-added progress dimension score for a school	855
district or building disaggregated for each of the following	856
subgroups: students identified as gifted, students with	857
disabilities, and students whose performance places them in the	858
lowest quintile for achievement on a statewide basis. Each	859
subgroup shall be a separate graded measure.	860

(2) Not later than April 30, 2013, the state board of	861
education shall adopt a resolution describing the performance	862
measures, benchmarks, and grading system for the 2012-2013 school	863
year and, not later than June 30, 2013, shall adopt rules in	864
accordance with Chapter 119. of the Revised Code that prescribe	865
the methods by which the performance measures under division	866
(A)(1) of this section shall be assessed and assigned a letter	867
grade, including performance benchmarks for each letter grade.	868

At least forty-five days prior to the state board's adoption	869
of rules to prescribe the methods by which the performance	870
measures under division (A)(1) of this section shall be assessed	871
and assigned a letter grade, the department shall conduct a public	872
presentation before the standing committees of the house of	873
representatives and the senate that consider education legislation	874
describing such methods, including performance benchmarks.	875

(3) There shall not be an overall letter grade for a school	876
district or building for the 2012-2013 school year.	877

(B)(1) For the 2013-2014 school year, the department shall	878
issue grades as described in division (E) of this section for each	879
of the following performance measures:	880

(a) Annual measurable objectives;

881

(b) Performance index score for a school district or	882
building. Grades shall be awarded as a percentage of the total	883
possible points on the performance index system as created by the	884
department. In adopting benchmarks for assigning letter grades	885
under division (B)(1)(b) of this section, the state board shall	886
designate ninety per cent or higher for an "A," at least seventy	887
per cent but not more than eighty per cent for a "C," and less	888
than fifty per cent for an "F."	889

(c) The extent to which the school district or building meets	890
each of the applicable performance indicators established by the	891
state board under section 3302.03 of the Revised Code and the	892
percentage of applicable performance indicators that have been	893
achieved. In adopting benchmarks for assigning letter grades under	894
division (B)(1)(c) of this section, the state board shall	895
designate ninety per cent or higher for an "A."	896

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

897

(e) The overall score under the value-added progress	898
dimension of a school district or building, for which the	899
department shall use up to three years of value-added data as	900
available.	901

(f) The value-added progress dimension score for a school	902
district or building disaggregated for each of the following	903
subgroups: students identified as gifted in superior cognitive	904
ability and specific academic ability fields under Chapter 3324.	905
of the Revised Code, students with disabilities, and students	906
whose performance places them in the lowest quintile for	907
achievement on a statewide basis. Each subgroup shall be a	908
separate graded measure.	909

(g) Whether a school district or building is making progress	910
in improving literacy in grades kindergarten through three, as	911
determined using a method prescribed by the state board. The state	912
board shall adopt rules to prescribe benchmarks and standards for	913
assigning grades to districts and buildings for purposes of	914
division (B)(1)(g) of this section. In adopting benchmarks for	915
assigning letter grades under divisions (B)(1)(g) and (C)(1)(g) of	916
this section, the state board shall determine progress made based	917
on the reduction in the total percentage of students scoring below	918
grade level, or below proficient, compared from year to year on	919
the reading and writing diagnostic assessments administered under	920
section 3301.0715 of the Revised Code and the third grade English	921
language arts assessment under section 3301.0710 of the Revised	922
Code, as applicable. The state board shall designate for a "C"	923
grade a value that is not lower than the statewide average value	924
for this measure. No grade shall be issued under divisions	925
(B)(1)(g) and (C)(1)(g) of this section for a district or building	926
in which less than five per cent of students have scored below	927
grade level on the diagnostic assessment administered to students	928
in kindergarten under division (B)(1) of section 3313.608 of the	929
Revised Code.	930

(h) For a high mobility school district or building, an	931
additional value-added progress dimension score. For this measure,	932
the department shall use value-added data from the most recent	933
school year available and shall use assessment scores for only	934
those students to whom the district or building has administered	935
the assessments prescribed by section 3301.0710 of the Revised	936
Code for each of the two most recent consecutive school years.	937

As used in this division, "high mobility school district or	938
building" means a school district or building where at least	939
twenty-five per cent of its total enrollment is made up of	940
students who have attended that school district or building for	941
less than one year.	942

(2) In addition to the graded measures in division (B)(1) of	943
this section, the department shall include on a school district's	944
or building's report card all of the following without an assigned	945
letter grade:	946

(a) The percentage of students enrolled in a district or	947
building participating in advanced placement classes and the	948
percentage of those students who received a score of three or	949
better on advanced placement examinations;	950

(b) The number of a district's or building's students who	951
have earned at least three college credits through dual enrollment	952
or advanced standing programs, such as the post-secondary	953
enrollment options program under Chapter 3365. of the Revised Code	954
and state-approved career-technical courses offered through dual	955
enrollment or statewide articulation, that appear on a student's	956
transcript or other official document, either of which is issued	957
by the institution of higher education from which the student	958
earned the college credit. The credits earned that are reported	959
under divisions (B)(2)(b) and (C)(2)(c) of this section shall not	960
include any that are remedial or developmental and shall include	961
those that count toward the curriculum requirements established	962
for completion of a degree.	963

(c) The percentage of students enrolled in a district or	964
building who have taken a national standardized test used for	965
college admission determinations and the percentage of those	966
students who are determined to be remediation-free in accordance	967
with standards adopted under division (F) of section 3345.061 of	968
the Revised Code;	969

(d) The percentage of the district's or the building's	970
students who receive industry-recognized credentials. The state	971
board shall adopt criteria for acceptable industry-recognized	972
credentials.	973

(e) The percentage of students enrolled in a district or	974
building who are participating in an international baccalaureate	975
program and the percentage of those students who receive a score	976
of four or better on the international baccalaureate examinations.	977

(f) The percentage of the district's or building's students	978
who receive an honors diploma under division (B) of section	979
3313.61 of the Revised Code.	980

(3) Not later than December 31, 2013, the state board shall	981
adopt rules in accordance with Chapter 119. of the Revised Code	982
that prescribe the methods by which the performance measures under	983
divisions (B)(1)(f) and (B)(1)(g) of this section will be assessed	984
and assigned a letter grade, including performance benchmarks for	985
each grade.	986

At least forty-five days prior to the state board's adoption	987
of rules to prescribe the methods by which the performance	988
measures under division (B)(1) of this section shall be assessed	989
and assigned a letter grade, the department shall conduct a public	990
presentation before the standing committees of the house of	991
representatives and the senate that consider education legislation	992
describing such methods, including performance benchmarks.	993

(4) There shall not be an overall letter grade for a school	994
district or building for the 2013-2014 school year.	995

(C)(1) For the 2014-2015 school year and each school year	996
thereafter, the department shall issue grades as described in	997
division (E) of this section for each of the performance measures	998
prescribed in division (C)(1) of this section and an overall	999
letter grade based on an aggregate of those measures, except for	1000
the performance measure set forth in division (C)(1)(h) of this	1001
section. The graded measures are as follows:	1002

(a) Annual measurable objectives;

1003

(b) Performance index score for a school district or	1004
building. Grades shall be awarded as a percentage of the total	1005
possible points on the performance index system as created by the	1006
department. In adopting benchmarks for assigning letter grades	1007
under division (C)(1)(b) of this section, the state board shall	1008
designate ninety per cent or higher for an "A," at least seventy	1009
per cent but not more than eighty per cent for a "C," and less	1010
than fifty per cent for an "F."	1011

(c) The extent to which the school district or building meets	1012
each of the applicable performance indicators established by the	1013
state board under section 3302.03 of the Revised Code and the	1014
percentage of applicable performance indicators that have been	1015
achieved. In adopting benchmarks for assigning letter grades under	1016
division (C)(1)(c) of this section, the state board shall	1017
designate ninety per cent or higher for an "A."	1018

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

1019

(e) The overall score under the value-added progress	1020
dimension, or another measure of student academic progress if	1021
adopted by the state board, of a school district or building, for	1022
which the department shall use up to three years of value-added	1023
data as available.	1024

In adopting benchmarks for assigning letter grades for	1025
overall score on value-added progress dimension under division	1026
(C)(1)(e) of this section, the state board shall prohibit the	1027
assigning of a grade of "A" for that measure unless the district's	1028
or building's grade assigned for value-added progress dimension	1029
for all subgroups under division (C)(1)(f) of this section is a	1030
"B" or higher.	1031

For the metric prescribed by division (C)(1)(e) of this	1032
section, the state board may adopt a student academic progress	1033
measure to be used instead of the value-added progress dimension.	1034
If the state board adopts such a measure, it also shall prescribe	1035
a method for assigning letter grades for the new measure that is	1036
comparable to the method prescribed in division (A)(1)(e) of this	1037
section.	1038

(f) The value-added progress dimension score of a school	1039
district or building disaggregated for each of the following	1040
subgroups: students identified as gifted in superior cognitive	1041
ability and specific academic ability fields under Chapter 3324.	1042
of the Revised Code, students with disabilities, and students	1043
whose performance places them in the lowest quintile for	1044
achievement on a statewide basis, as determined by a method	1045
prescribed by the state board. Each subgroup shall be a separate	1046
graded measure.	1047

The state board may adopt student academic progress measures	1048
to be used instead of the value-added progress dimension. If the	1049
state board adopts such measures, it also shall prescribe a method	1050
for assigning letter grades for the new measures that is	1051
comparable to the method prescribed in division (A)(1)(e) of this	1052
section.	1053

(g) Whether a school district or building is making progress	1054
in improving literacy in grades kindergarten through three, as	1055
determined using a method prescribed by the state board. The state	1056
board shall adopt rules to prescribe benchmarks and standards for	1057
assigning grades to a district or building for purposes of	1058
division (C)(1)(g) of this section. The state board shall	1059
designate for a "C" grade a value that is not lower than the	1060
previous year's statewide average value for this measure. No grade	1061
shall be issued under division (C)(1)(g) of this section for a	1062
district or building in which less than five per cent of students	1063
have scored below grade level on the kindergarten diagnostic	1064
assessment under division (B)(1) of section 3313.608 of the	1065
Revised Code, unless five per cent or more of students fail to	1066
score proficient or above on the English language arts assessment	1067
prescribed under division (A)(1)(a) of section 3301.0710 of the	1068
Revised Code.	1069

(h) For a high mobility school district or building, an	1070
additional value-added progress dimension score. For this measure,	1071
the department shall use value-added data from the most recent	1072
school year available and shall use assessment scores for only	1073
those students to whom the district or building has administered	1074
the assessments prescribed by section 3301.0710 of the Revised	1075
Code for each of the two most recent consecutive school years.	1076

As used in this division, "high mobility school district or	1077
building" means a school district or building where at least	1078
twenty-five per cent of its total enrollment is made up of	1079
students who have attended that school district or building for	1080
less than one year.	1081

(2) In addition to the graded measures in division (C)(1) of	1082
this section, the department shall include on a school district's	1083
or building's report card all of the following without an assigned	1084
letter grade:	1085

(a) The percentage of students enrolled in a district or	1086
building who have taken a national standardized test used for	1087
college admission determinations and the percentage of those	1088
students who are determined to be remediation-free in accordance	1089
with the standards adopted under division (F) of section 3345.061	1090
of the Revised Code;	1091

(b) The percentage of students enrolled in a district or	1092
building participating in advanced placement classes and the	1093
percentage of those students who received a score of three or	1094
better on advanced placement examinations;	1095

(c) The percentage of a district's or building's students who	1096
have earned at least three college credits through advanced	1097
standing programs, such as the college credit plus program under	1098
Chapter 3365. of the Revised Code and state-approved	1099
career-technical courses offered through dual enrollment or	1100
statewide articulation, that appear on a student's college	1101
transcript issued by the institution of higher education from	1102
which the student earned the college credit. The credits earned	1103
that are reported under divisions (B)(2)(b) and (C)(2)(c) of this	1104
section shall not include any that are remedial or developmental	1105
and shall include those that count toward the curriculum	1106
requirements established for completion of a degree.	1107

(d) The percentage of the district's or building's students	1108
who receive an honor's diploma under division (B) of section	1109
3313.61 of the Revised Code;	1110

(e) The percentage of the district's or building's students	1111
who receive industry-recognized credentials;	1112

(f) The percentage of students enrolled in a district or	1113
building who are participating in an international baccalaureate	1114
program and the percentage of those students who receive a score	1115
of four or better on the international baccalaureate examinations;	1116

(g) The results of the college and career-ready assessments	1117
administered under division (B)(1) of section 3301.0712 of the	1118
Revised Code.	1119

(3) The state board shall adopt rules pursuant to Chapter	1120
119. of the Revised Code that establish a method to assign an	1121
overall grade for a school district or school building for the	1122
2014-2015 school year and each school year thereafter. The rules	1123
shall group the performance measures in divisions (C)(1) and (2)	1124
of this section into the following components:	1125

(a) Gap closing, which shall include the performance measure	1126
in division (C)(1)(a) of this section;	1127

(b) Achievement, which shall include the performance measures	1128
in divisions (C)(1)(b) and (c) of this section;	1129

(c) Progress, which shall include the performance measures in	1130
divisions (C)(1)(e) and (f) of this section;	1131

(d) Graduation, which shall include the performance measure	1132
in division (C)(1)(d) of this section;	1133

(e) Kindergarten through third-grade literacy, which shall	1134
include the performance measure in division (C)(1)(g) of this	1135
section;	1136

(f) Prepared for success, which shall include the performance	1137
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of	1138
this section. The state board shall develop a method to determine	1139
a grade for the component in division (C)(3)(f) of this section	1140
using the performance measures in divisions (C)(2)(a), (b), (c),	1141
(d), (e), and (f) of this section. When available, the state board	1142
may incorporate the performance measure under division (C)(2)(g)	1143
of this section into the component under division (C)(3)(f) of	1144
this section. When determining the overall grade for the prepared	1145
for success component prescribed by division (C)(3)(f) of this	1146
section, no individual student shall be counted in more than one	1147
performance measure. However, if a student qualifies for more than	1148
one performance measure in the component, the state board may, in	1149
its method to determine a grade for the component, specify an	1150
additional weight for such a student that is not greater than or	1151
equal to 1.0. In determining the overall score under division	1152
(C)(3)(f) of this section, the state board shall ensure that the	1153
pool of students included in the performance measures aggregated	1154
under that division are all of the students included in the four-	1155
and five-year adjusted graduation cohort.	1156

In the rules adopted under division (C)(3) of this section,	1157
the state board shall adopt a method for determining a grade for	1158
each component in divisions (C)(3)(a) to (f) of this section. The	1159
state board also shall establish a method to assign an overall	1160
grade of "A," "B," "C," "D," or "F" using the grades assigned for	1161
each component. The method the state board adopts for assigning an	1162
overall grade shall give equal weight to the components in	1163
divisions (C)(3)(b) and (c) of this section.	1164

At least forty-five days prior to the state board's adoption	1165
of rules to prescribe the methods for calculating the overall	1166
grade for the report card, as required by this division, the	1167
department shall conduct a public presentation before the standing	1168
committees of the house of representatives and the senate that	1169
consider education legislation describing the format for the	1170
report card, weights that will be assigned to the components of	1171
the overall grade, and the method for calculating the overall	1172
grade.	1173

(D) Not later than July 1, 2015, the state board shall	1174
develop a measure of student academic progress for high school	1175
students using only data from assessments in English language arts	1176
and mathematics. For the 2014-2015 school year, the department	1177
shall include this measure on a school district or building's	1178
report card, as applicable, without an assigned letter grade.	1179
Beginning with the report card for the 2015-2016 school year, each	1180
school district and applicable school building shall be assigned a	1181
separate letter grade for this measure and the district's or	1182
building's grade for that measure shall be included in determining	1183
the district's or building's overall letter grade. This measure	1184
shall be included within the measure prescribed in division	1185
(C)(3)(c) of this section in the calculation for the overall	1186
letter grade.	1187

(E) The letter grades assigned to a school district or	1188
building under this section shall be as follows:	1189

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

1190

(2) "B" for a district or school making above average	1191
progress;	1192

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

1193

(4) "D" for a district or school making below average	1194
progress;	1195

(5) "F" for a district or school failing to meet minimum	1196
progress.	1197

(F) When reporting data on student achievement and progress,	1198
the department shall disaggregate that data according to the	1199
following categories:	1200

(1) Performance of students by grade-level;

1201

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

1202

(3) Performance of students by gender;

1203

(4) Performance of students grouped by those who have been	1204
enrolled in a district or school for three or more years;	1205

(5) Performance of students grouped by those who have been	1206
enrolled in a district or school for more than one year and less	1207
than three years;	1208

(6) Performance of students grouped by those who have been	1209
enrolled in a district or school for one year or less;	1210

(7) Performance of students grouped by those who are	1211
economically disadvantaged;	1212

(8) Performance of students grouped by those who are enrolled	1213
in a conversion community school established under Chapter 3314.	1214
of the Revised Code;	1215

(9) Performance of students grouped by those who are	1216
classified as limited English proficient;	1217

(10) Performance of students grouped by those who have	1218
disabilities;	1219

(11) Performance of students grouped by those who are	1220
classified as migrants;	1221

(12) Performance of students grouped by those who are	1222
identified as gifted in superior cognitive ability and the	1223
specific academic ability fields of reading and math pursuant to	1224
Chapter 3324. of the Revised Code. In disaggregating specific	1225
academic ability fields for gifted students, the department shall	1226
use data for those students with specific academic ability in math	1227
and reading. If any other academic field is assessed, the	1228
department shall also include data for students with specific	1229
academic ability in that field as well.	1230

(13) Performance of students grouped by those who perform in	1231
the lowest quintile for achievement on a statewide basis, as	1232
determined by a method prescribed by the state board.	1233

The department may disaggregate data on student performance	1234
according to other categories that the department determines are	1235
appropriate. To the extent possible, the department shall	1236
disaggregate data on student performance according to any	1237
combinations of two or more of the categories listed in divisions	1238
(F)(1) to (13) of this section that it deems relevant.	1239

In reporting data pursuant to division (F) of this section,	1240
the department shall not include in the report cards any data	1241
statistical in nature that is statistically unreliable or that	1242
could result in the identification of individual students. For	1243
this purpose, the department shall not report student performance	1244
data for any group identified in division (F) of this section that	1245
contains less than ten students. If the department does not report	1246
student performance data for a group because it contains less than	1247
ten students, the department shall indicate on the report card	1248
that is why data was not reported.	1249

(G) The department may include with the report cards any	1250
additional education and fiscal performance data it deems	1251
valuable.	1252

(H) The department shall include on each report card a list	1253
of additional information collected by the department that is	1254
available regarding the district or building for which the report	1255
card is issued. When available, such additional information shall	1256
include student mobility data disaggregated by race and	1257
socioeconomic status, college enrollment data, and the reports	1258
prepared under section 3302.031 of the Revised Code.	1259

The department shall maintain a site on the world wide web.	1260
The report card shall include the address of the site and shall	1261
specify that such additional information is available to the	1262
public at that site. The department shall also provide a copy of	1263
each item on the list to the superintendent of each school	1264
district. The district superintendent shall provide a copy of any	1265
item on the list to anyone who requests it.	1266

(I) Division (I) of this section does not apply to conversion	1267
community schools that primarily enroll students between sixteen	1268
and twenty-two years of age who dropped out of high school or are	1269
at risk of dropping out of high school due to poor attendance,	1270
disciplinary problems, or suspensions.	1271

(1) For any district that sponsors a conversion community	1272
school under Chapter 3314. of the Revised Code, the department	1273
shall combine data regarding the academic performance of students	1274
enrolled in the community school with comparable data from the	1275
schools of the district for the purpose of determining the	1276
performance of the district as a whole on the report card issued	1277
for the district under this section or section 3302.033 of the	1278
Revised Code.	1279

(2) Any district that leases a building to a community school	1280
located in the district or that enters into an agreement with a	1281
community school located in the district whereby the district and	1282
the school endorse each other's programs may elect to have data	1283
regarding the academic performance of students enrolled in the	1284
community school combined with comparable data from the schools of	1285
the district for the purpose of determining the performance of the	1286
district as a whole on the district report card. Any district that	1287
so elects shall annually file a copy of the lease or agreement	1288
with the department.	1289

(3) Any municipal school district, as defined in section	1290
3311.71 of the Revised Code, that sponsors a community school	1291
located within the district's territory, or that enters into an	1292
agreement with a community school located within the district's	1293
territory whereby the district and the community school endorse	1294
each other's programs, may exercise either or both of the	1295
following elections:	1296

(a) To have data regarding the academic performance of	1297
students enrolled in that community school combined with	1298
comparable data from the schools of the district for the purpose	1299
of determining the performance of the district as a whole on the	1300
district's report card;	1301

(b) To have the number of students attending that community	1302
school noted separately on the district's report card.	1303

The election authorized under division (I)(3)(a) of this	1304
section is subject to approval by the governing authority of the	1305
community school.	1306

Any municipal school district that exercises an election to	1307
combine or include data under division (I)(3) of this section, by	1308
the first day of October of each year, shall file with the	1309
department documentation indicating eligibility for that election,	1310
as required by the department.	1311

(J) The department shall include on each report card the	1312
percentage of teachers in the district or building who are highly	1313
qualified, as defined by the No Child Left Behind Act of 2001, and	1314
a comparison of that percentage with the percentages of such	1315
teachers in similar districts and buildings.	1316

(K)(1) In calculating English language arts, mathematics,	1317
social studies, or science assessment passage rates used to	1318
determine school district or building performance under this	1319
section, the department shall include all students taking an	1320
assessment with accommodation or to whom an alternate assessment	1321
is administered pursuant to division (C)(1) or (3) of section	1322
3301.0711 of the Revised Code.	1323

(2) In calculating performance index scores, rates of	1324
achievement on the performance indicators established by the state	1325
board under section 3302.02 of the Revised Code, and annual	1326
measurable objectives for determining adequate yearly progress for	1327
school districts and buildings under this section, the department	1328
shall do all of the following:	1329

(a) Include for each district or building only those students	1330
who are included in the ADM certified for the first full school	1331
week of October and are continuously enrolled in the district or	1332
building through the time of the spring administration of any	1333
assessment prescribed by division (A)(1) or (B)(1) of section	1334
3301.0710 or division (B) of section 3301.0712 of the Revised Code	1335
that is administered to the student's grade level;	1336

(b) Include cumulative totals from both the fall and spring	1337
administrations of the third grade English language arts	1338
achievement assessment;	1339

(c) Except as required by the No Child Left Behind Act of	1340
2001, exclude for each district or building any limited English	1341
proficient student who has been enrolled in United States schools	1342
for less than one full school year.	1343

(L) Beginning with the 2015-2016 school year and at least	1344
once every three years thereafter, the state board of education	1345
shall review and may adjust the benchmarks for assigning letter	1346
grades to the performance measures and components prescribed under	1347
divisions (C)(3) and (D) of this section.	1348

Sec. 3302.035. (A) Not later than October 1, 2015, and not	1349
later than the first day of October each year thereafter, the	1350
department of education shall report for each school district,	1351
each community school established under Chapter 3314., each STEM	1352
school established under Chapter 3326., and each	1353
college-preparatory boarding school established under Chapter	1354
3328. of the Revised Code, the following measures for students	1355
with disabilities enrolled in that school district or community,	1356
STEM, or college-preparatory boarding school:	1357

(1) The value-added progress dimension score, as	1358
disaggregated for that subgroup under division (C)(1)(f) of	1359
section 3302.03 of the Revised Code;	1360

(2) The performance index score for that subgroup, as defined	1361
under division (A) of section 3302.01 of the Revised Code;	1362

(3) The four- and five-year, five-, six-, seven-, and	1363
eight-year adjusted cohort graduation rates, as defined under	1364
divisions (G)(1) and (2) of section 3302.01 of the Revised Code,	1365
for that subgroup;	1366

(4) Annual measurable objectives for that subgroup;

1367

(5) Data regarding disciplinary actions taken by the district	1368
or school against students with disabilities compared with such	1369
actions taken against students without disabilities.	1370

(B) The department shall also calculate and report all of the	1371
following:	1372

(1) The state average for each of the measures specified in	1373
division (A) of this section;	1374

(2) The state average for the value-added progress dimension	1375
score for students with disabilities, disaggregated by grade level	1376
and subject area;	1377

(3) The state average for the performance index score for	1378
students with disabilities, disaggregated for each category of	1379
disability described in divisions (A) to (F) of section 3317.013	1380
of the Revised Code.	1381

(C) The department shall make each report completed pursuant	1382
to divisiondivisions (A) and (B) of this section available on its	1383
web site for comparison purposes.	1384

(D) As used in this section:

1385

(1) "Four-year adjusted cohort graduation rate" and	1386
"five-year adjusted cohort graduation rate" have the same meanings	1387
as in divisions (G)(1) and (2) of section 3302.01 of the Revised	1388
Code.	1389

(2) "Six-year adjusted cohort graduation rate" means the	1390
number of students who graduate in six years with a regular high	1391
school diploma divided by the number of students who form the	1392
adjusted cohort for the four-year graduation rate.	1393

(3) "Seven-year adjusted cohort graduation rate" means the	1394
number of students who graduate in seven years with a regular high	1395
school diploma divided by the number of students who form the	1396
adjusted cohort for the four-year graduation rate.	1397

(4) "Eight-year adjusted cohort graduation rate" means the	1398
number of students who graduate in eight years with a regular high	1399
school diploma divided by the number of students who form the	1400
adjusted cohort for the four-year graduation rate.	1401

Sec. 3313.534. No(A) Not later than July 1, 1998, the board	1402
of education of each city, exempted village, and local school	1403
district shall adopt a policy of zero tolerance for violent,	1404
disruptive, or inappropriate behavior, including excessive	1405
truancy, and establish strategies to address such behavior that	1406
range from prevention to intervention.	1407

No(B) Not later than July 1, 1999, each of the big eight	1408
school districts, as defined in section 3314.02 of the Revised	1409
Code, shall establish under section 3313.533 of the Revised Code	1410
at least one alternative school to meet the educational needs of	1411
students with severe discipline problems, including, but not	1412
limited to, excessive truancy, excessive disruption in the	1413
classroom, and multiple suspensions or expulsions. Any other	1414
school district that attains after that date a significantly	1415
substandard graduation rate, as defined by the department of	1416
education, shall also establish such an alternative school under	1417
that section.	1418

(C)(1) Not later than June 30, 2015, the state board of	1419
education shall develop a model disciplinary policy for violent,	1420
disruptive, or inappropriate behavior, including excessive	1421
truancy, that stresses preventive strategies and alternatives to	1422
suspension and expulsion.	1423

(2) Not later than December 31, 2015, the department of	1424
education shall do both of the following:	1425

(a) Provide to each school district a copy of the policy	1426
adopted by the state board pursuant to division (C)(1) of this	1427
section;	1428

(b) Develop materials to assist school districts in providing	1429
teacher and staff training on the implementation of the strategies	1430
included in that policy.	1431

Sec. 3313.612.  (A) No nonpublic school chartered by the	1432
state board of education shall grant a high school diploma to any	1433
person unless, subject to section 3313.614 of the Revised Code,	1434
the person has met the assessment requirements of division (A)(1)	1435
or (2) of this section, as applicable.	1436

(1) If the person entered the ninth grade prior to July 1,	1437
2014, the person has attained at least the applicable scores	1438
designated under division (B)(1) of section 3301.0710 of the	1439
Revised Code on all the assessments required by that division, or	1440
has satisfied the alternative conditions prescribed in section	1441
3313.615 of the Revised Code.	1442

(2) If the person entered the ninth grade on or after July 1,	1443
2014, the person has met the requirement prescribed by section	1444
3313.618 of the Revised Code.	1445

(B) This section does not apply to any of the following:

1446

(1) Any person with regard to any assessment from which the	1447
person was excused pursuant to division (C)(1)(c) of section	1448
3301.0711 of the Revised Code;	1449

(2) Any person that attends a nonpublic school acting in	1450
accordance with division (D) of this section with regard to any	1451
end-of-course examination required underprescribed by divisions	1452
(B)(2) and (3) of section 3301.0712 of the Revised Code;	1453

(3) Any person with regard to the social studies assessment	1454
under division (B)(1) of section 3301.0710 of the Revised Code,	1455
any American history end-of-course examination and any American	1456
government end-of-course examination required under division (B)	1457
of section 3301.0712 of the Revised Code if such an exemption is	1458
prescribed by rule of the state board of education under division	1459
(D)(3) of section 3301.0712 of the Revised Code, or the	1460
citizenship test under former division (B) of section 3301.0710 of	1461
the Revised Code as it existed prior to September 11, 2001, if all	1462
of the following apply:	1463

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

1464

(b) The person is not a permanent resident of the United	1465
States;	1466

(c) The person indicates no intention to reside in the United	1467
States after completion of high school.	1468

(C) As used in this division, "limited English proficient	1469
student" has the same meaning as in division (C)(3) of section	1470
3301.0711 of the Revised Code.	1471

Notwithstanding division (C)(3) of section 3301.0711 of the	1472
Revised Code, no limited English proficient student who has not	1473
either attained the applicable scores designated under division	1474
(B)(1) of section 3301.0710 of the Revised Code on all the	1475
assessments required by that division, or met the requirement	1476
prescribed by section 3313.618 of the Revised Code, shall be	1477
awarded a diploma under this section.	1478

(D) A nonpublic school chartered by the state board may forgo	1479
the end-of-course examinations requiredprescribed by divisions	1480
(B)(2) and (3) of section 3301.0712 of the Revised Code, if that	1481
school publishes the results of the standardized assessment	1482
prescribed under division (B)(1) of section 3301.0712 of the	1483
Revised Code for each graduating class. The published results	1484
shall include the overall composite scores, mean scores,	1485
twenty-fifth percentile scores, and seventy-fifth percentile	1486
scores for each subject area of the assessment.	1487

(E) The state board shall not impose additional requirements	1488
or assessments for the granting of a high school diploma under	1489
this section that are not prescribed by this section.	1490

(F) The department of education shall furnish the assessment	1491
administered by a nonpublic school pursuant to division (B)(1) of	1492
section 3301.0712 of the Revised Code.	1493

(G) The exemption provided for in divisions (B)(2) and (D) of	1494
this section shall be effective on and after October 1, 2015, but	1495
only if the general assembly does not enact different requirements	1496
regarding end-of-course examinations for chartered nonpublic	1497
schools that are effective by that date.	1498

Sec. 3313.672.  (A)(1) At the time of initial entry to a	1499
public or nonpublic school, a pupil shall present to the person in	1500
charge of admission any records given the pupil by the public or	1501
nonpublic elementary or secondary school the pupil most recently	1502
attended; a certified copy of an order or decree, or modification	1503
of such an order or decree allocating parental rights and	1504
responsibilities for the care of a child and designating a	1505
residential parent and legal custodian of the child, as provided	1506
in division (B) of this section, if that type of order or decree	1507
has been issued; a copy of a power of attorney or caretaker	1508
authorization affidavit, if either has been executed with respect	1509
to the child pursuant to sections 3109.51 to 3109.80 of the	1510
Revised Code; and a certification of birth issued pursuant to	1511
Chapter 3705. of the Revised Code, a comparable certificate or	1512
certification issued pursuant to the statutes of another state,	1513
territory, possession, or nation, or a document in lieu of a	1514
certificate or certification as described in divisions (A)(1)(a)	1515
to (e) of this section. Any of the following shall be accepted in	1516
lieu of a certificate or certification of birth by the person in	1517
charge of admission:	1518

(a) A passport or attested transcript of a passport filed	1519
with a registrar of passports at a point of entry of the United	1520
States showing the date and place of birth of the child;	1521

(b) An attested transcript of the certificate of birth;

1522

(c) An attested transcript of the certificate of baptism or	1523
other religious record showing the date and place of birth of the	1524
child;	1525

(d) An attested transcript of a hospital record showing the	1526
date and place of birth of the child;	1527

(e) A birth affidavit.

1528

(2) If a pupil requesting admission to a school of the school	1529
district in which the pupil is entitled to attend school under	1530
section 3313.64 or 3313.65 of the Revised Code has been discharged	1531
or released from the custody of the department of youth services	1532
under section 5139.51 of the Revised Code just prior to requesting	1533
admission to the school, no school official shall admit that pupil	1534
until the records described in divisions (D)(4)(a) to (d) of	1535
section 2152.18 of the Revised Code have been received by the	1536
superintendent of the school district.	1537

(3) No public or nonpublic school official shall deny a	1538
protected child admission to the school solely because the child	1539
does not present a birth certificate described in division (A)(1)	1540
of this section, a comparable certificate or certification from	1541
another state, territory, possession, or nation, or another	1542
document specified in divisions (A)(1)(a) to (e) of this section	1543
upon registration for entry into the school. However, the	1544
protected child, or the parent, custodian, or guardian of that	1545
child, shall present a birth certificate or other document	1546
specified in divisions (A)(1)(a) to (e) of this section to the	1547
person in charge of admission of the school within ninety days	1548
after the child's initial entry into the school.	1549

(4) Except as otherwise provided in division (A)(2) or (3) of	1550
this section, within twenty-four hours of the entry into the	1551
school of a pupil described in division (A)(1) of this section, a	1552
school official shall request the pupil's official records from	1553
the public or nonpublic elementary or secondary school the pupil	1554
most recently attended. If the public or nonpublic school the	1555
pupil claims to have most recently attended indicates that it has	1556
no record of the pupil's attendance or the records are not	1557
received within fourteen days of the date of request, or if the	1558
pupil does not present a certification of birth described in	1559
division (A)(1) of this section, a comparable certificate or	1560
certification from another state, territory, possession, or	1561
nation, or another document specified in divisions (A)(1)(a) to	1562
(e) of this section, the principal or chief administrative officer	1563
of the school shall notify the law enforcement agency having	1564
jurisdiction in the area where the pupil resides of this fact and	1565
of the possibility that the pupil may be a missing child, as	1566
defined in section 2901.30 of the Revised Code.	1567

(B)(1) Whenever an order or decree allocating parental rights	1568
and responsibilities for the care of a child and designating a	1569
residential parent and legal custodian of the child, including a	1570
temporary order, is issued resulting from an action of divorce,	1571
alimony, annulment, or dissolution of marriage, and the order or	1572
decree pertains to a child who is a pupil in a public or nonpublic	1573
school, the residential parent of the child shall notify the	1574
school of those allocations and designations by providing the	1575
person in charge of admission at the pupil's school with a	1576
certified copy of the order or decree that made the allocation and	1577
designation. Whenever there is a modification of any order or	1578
decree allocating parental rights and responsibilities for the	1579
care of a child and designating a residential parent and legal	1580
custodian of the child that has been submitted to a school, the	1581
residential parent shall provide the person in charge of admission	1582
at the pupil's school with a certified copy of the order or decree	1583
that makes the modification.	1584

(2) Whenever a power of attorney is executed under sections	1585
3109.51 to 3109.62 of the Revised Code that pertains to a child	1586
who is a pupil in a public or nonpublic school, the attorney in	1587
fact shall notify the school of the power of attorney by providing	1588
the person in charge of admission with a copy of the power of	1589
attorney. Whenever a caretaker authorization affidavit is executed	1590
under sections 3109.64 to 3109.73 of the Revised Code that	1591
pertains to a child who is in a public or nonpublic school, the	1592
grandparent who executed the affidavit shall notify the school of	1593
the affidavit by providing the person in charge of admission with	1594
a copy of the affidavit.	1595

(C) If, at the time of a pupil's initial entry to a public or	1596
nonpublic school, the pupil is under the care of a shelter for	1597
victims of domestic violence, as defined in section 3113.33 of the	1598
Revised Code, the pupil or the pupil's parent shall notify the	1599
school of that fact. Upon being so informed, the school shall	1600
inform the elementary or secondary school from which it requests	1601
the pupil's records of that fact.	1602

(D) Whenever a public or nonpublic school is notified by a	1603
law enforcement agency pursuant to division (D) of section 2901.30	1604
of the Revised Code that a missing child report has been filed	1605
regarding a pupil who is currently or was previously enrolled in	1606
the school, the person in charge of admission at the school shall	1607
mark that pupil's records in such a manner that whenever a copy of	1608
or information regarding the records is requested, any school	1609
official responding to the request is alerted to the fact that the	1610
records are those of a missing child. Upon any request for a copy	1611
of or information regarding a pupil's records that have been so	1612
marked, the person in charge of admission immediately shall report	1613
the request to the law enforcement agency that notified the school	1614
that the pupil is a missing child. When forwarding a copy of or	1615
information from the pupil's records in response to a request, the	1616
person in charge of admission shall do so in such a way that the	1617
receiving district or school would be unable to discern that the	1618
pupil's records are marked pursuant to this division but shall	1619
retain the mark in the pupil's records until notified that the	1620
pupil is no longer a missing child. Upon notification by a law	1621
enforcement agency that a pupil is no longer a missing child, the	1622
person in charge of admission shall remove the mark from the	1623
pupil's records in such a way that if the records were forwarded	1624
to another district or school, the receiving district or school	1625
would be unable to discern that the records were ever marked.	1626

(E) As used in this section:

1627

(1) "Protected child" means a child placed in a foster home,	1628
as that term is defined in section 5103.02 of the Revised Code, or	1629
in a residential facility.	1630

(2) "Residential facility" means a group home for children,	1631
children's crisis care facility, children's residential center,	1632
residential parenting facility that provides twenty-four-hour	1633
child care, county children's home, or district children's home.	1634

Sec. 3313.814.  (A) As used in this section and sections	1635
3313.816 and 3313.817 of the Revised Code:	1636

(1) "A la carte item" means an individually priced food or	1637
beverage item that is available for sale to students through any	1638
of the following:	1639

(a) A school food service program;

1640

(b) A vending machine located on school property;

1641

(c) A store operated by the school, a student association, or	1642
other school-sponsored organization.	1643

"A la carte item" does not include any food or beverage item	1644
available for sale in connection with a school-sponsored	1645
fundraiser held outside of the regular school day, any other	1646
school-sponsored event held outside of the regular school day, or	1647
an interscholastic athletic event. "A la carte item" also does not	1648
include any food or beverage item that is part of a reimbursable	1649
meal and that is available for sale as an individually priced item	1650
in a serving portion of the same size as in the reimbursable meal,	1651
regardless of whether the food or beverage item is included in the	1652
reimbursable meal served on a particular school day.	1653

(2) "Added sweeteners" means any additives that enhance the	1654
sweetness of a beverage, including processed sugar. "Added	1655
sweeteners" do not include any natural sugars found in fruit	1656
juices that are a component of the beverage.	1657

(3) "Extended school day" means the period before and after	1658
the regular school day during which students participate in	1659
school-sponsored extracurricular activities, latchkey programs as	1660
defined in section 3313.207 of the Revised Code, or other academic	1661
or enrichment programs.	1662

(4) "Regular school day" means the period each school day	1663
between the designated arrival time for students and the end of	1664
the final instructional period.	1665

(5) "Reimbursable meal" means a meal that is provided to	1666
students through a school breakfast or lunch program established	1667
under the "National School Lunch Act," 60 Stat. 230 (1946), 42	1668
U.S.C. 1751, as amended, and the "Child Nutrition Act of 1966," 80	1669
Stat. 885, 42 U.S.C. 1771, as amended, and that meets the criteria	1670
for reimbursement established by the United States department of	1671
agriculture.	1672

(6) "School food service program" means a school food service	1673
program operated under section 3313.81 or 3313.813 of the Revised	1674
Code.	1675

(B) Each school district board of education and each	1676
chartered nonpublic school governing authority shall adopt and	1677
enforce nutrition standards governing the types of food and	1678
beverages that may be sold on the premises of its schools, and	1679
specifying the time and place each type of food or beverage may be	1680
sold.	1681

(1) In adopting the standards, the board or governing	1682
authority shall do all of the following:	1683

(a) Consider the nutritional value of each food or beverage;

1684

(b) Consult with a dietitian licensed under Chapter 4759. of	1685
the Revised Code, a dietetic technician registered by the	1686
commission on dietetic registration, or a school nutrition	1687
specialist certified or credentialed by the school nutrition	1688
association. The person with whom the board or governing authority	1689
consults may be an employee of the board or governing authority, a	1690
person contracted by the board or governing authority, or a	1691
volunteer, provided the person meets the requirements of this	1692
division.	1693

(c) Consult the dietary guidelines for Americans jointly	1694
developed by the United States department of agriculture and the	1695
United States department of health and human services and, to the	1696
maximum extent possible, incorporate the guidelines into the	1697
standards.	1698

(2) No food or beverage may be sold on any school premises	1699
except in accordance with the standards adopted by the board or	1700
governing authority.	1701

(3) The standards shall comply with sections 3313.816 and	1702
3313.817 of the Revised Code, but nothing in this section shall	1703
prohibit the standards from being more restrictive than otherwise	1704
required by those sections.	1705

(C) The nutrition standards adopted under this section shall	1706
prohibit the placement of vending machines in any classroom where	1707
students are provided instruction, unless the classroom also is	1708
used to serve students meals. This division does not apply to	1709
vending machines that sell only milk, reimbursable meals, or food	1710
and beverage items that are part of a reimbursable meal and are	1711
available for sale as individually priced items in serving	1712
portions of the same size as in the reimbursable meal.	1713

(D) Each board or governing authority shall designate staff	1714
to be responsible for ensuring that the school district or school	1715
meets the nutrition standards adopted under this section. The	1716
staff shall prepare an annual report regarding the district's or	1717
school's compliance with the standards and submit it to the	1718
department of education. The board or governing authority annually	1719
shall schedule a presentation on the report at one of its regular	1720
meetings. Each district or school shall make copies of the report	1721
available to the public upon request.	1722

(E) The state board of education shall formulatedo both of	1723
the following:	1724

(1) Formulate and adopt guidelines, which boards of education	1725
and chartered nonpublic schools may follow in enforcing and	1726
implementing this section.	1727

(2) Not later than ninety days after the effective date of	1728
this amendment, adopt rules pursuant to Chapter 119. of the	1729
Revised Code regarding the sale of beverages and food during the	1730
regular school day in connection with a school-sponsored	1731
fundraiser. The rules shall specify that, if a fundraiser takes	1732
place during the regular school day for not more than the	1733
equivalent of thirty school days during a school year, the sale of	1734
beverages and food in connection with that fundraiser, shall be	1735
exempt from sections 3313.816 and 3313.817 of the Revised Code, so	1736
long as no beverages or food are sold in connection with the	1737
fundraiser during the time of a meal service in the food service	1738
area. Each school district board of education or chartered	1739
nonpublic school governing authority may incorporate the rules	1740
adopted by the state board pursuant to this division into the	1741
guidelines adopted by the district board or school governing	1742
authority under division (B) of this section.	1743

Sec. 3314.06.  The governing authority of each community	1744
school established under this chapter shall adopt admission	1745
procedures that specify the following:	1746

(A) That, except as otherwise provided in this section,	1747
admission to the school shall be open to any individual age five	1748
to twenty-two entitled to attend school pursuant to section	1749
3313.64 or 3313.65 of the Revised Code in a school district in the	1750
state.	1751

Additionally, except as otherwise provided in this section,	1752
admission to the school may be open on a tuition basis to any	1753
individual age five to twenty-two who is not a resident of this	1754
state. The school shall not receive state funds under section	1755
3314.08 of the Revised Code for any student who is not a resident	1756
of this state.	1757

An individual younger than five years of age may be admitted	1758
to the school in accordance with division (A)(2) of section	1759
3321.01 of the Revised Code. The school shall receive funds for an	1760
individual admitted under that division in the manner provided	1761
under section 3314.08 of the Revised Code.	1762

If the school operates a program that uses the Montessori	1763
method endorsed by the American Montessori society, the Montessori	1764
accreditation council for teacher education, or the association	1765
Montessori internationale as its primary method of instruction,	1766
admission to the school may be open to individuals younger than	1767
five years of age, but the school shall not receive funds under	1768
this chapter for those individuals. Notwithstanding anything to	1769
the contrary in this chapter, individuals younger than five years	1770
of age who are enrolled in a Montessori program shall be offered	1771
at least four hundred fifty-five hours of learning opportunities	1772
per school year.	1773

(B)(1) That admission to the school may be limited to	1774
students who have attained a specific grade level or are within a	1775
specific age group; to students that meet a definition of	1776
"at-risk," as defined in the contract; to residents of a specific	1777
geographic area within the district, as defined in the contract;	1778
or to separate groups of autistic students and nondisabled	1779
students, as authorized in section 3314.061 of the Revised Code	1780
and as defined in the contract.	1781

(2) For purposes of division (B)(1) of this section,	1782
"at-risk" students may include those students identified as gifted	1783
students under section 3324.03 of the Revised Code.	1784

(C) Whether enrollment is limited to students who reside in	1785
the district in which the school is located or is open to	1786
residents of other districts, as provided in the policy adopted	1787
pursuant to the contract.	1788

(D)(1) That there will be no discrimination in the admission	1789
of students to the school on the basis of race, creed, color,	1790
disability, or sex except that:	1791

(a) The governing authority may do either of the following	1792
for the purpose described in division (G) of this section:	1793

(i) Establish a single-gender school for either sex;

1794

(ii) Establish single-gender schools for each sex under the	1795
same contract, provided substantially equal facilities and	1796
learning opportunities are offered for both boys and girls. Such	1797
facilities and opportunities may be offered for each sex at	1798
separate locations.	1799

(b) The governing authority may establish a school that	1800
simultaneously serves a group of students identified as autistic	1801
and a group of students who are not disabled, as authorized in	1802
section 3314.061 of the Revised Code. However, unless the total	1803
capacity established for the school has been filled, no student	1804
with any disability shall be denied admission on the basis of that	1805
disability.	1806

(2) That upon admission of any student with a disability, the	1807
community school will comply with all federal and state laws	1808
regarding the education of students with disabilities.	1809

(E) That the school may not limit admission to students on	1810
the basis of intellectual ability, measures of achievement or	1811
aptitude, or athletic ability, except that a school may limit its	1812
enrollment to students as described in division (B) of this	1813
section.	1814

(F) That the community school will admit the number of	1815
students that does not exceed the capacity of the school's	1816
programs, classes, grade levels, or facilities.	1817

(G) That the purpose of single-gender schools that are	1818
established shall be to take advantage of the academic benefits	1819
some students realize from single-gender instruction and	1820
facilities and to offer students and parents residing in the	1821
district the option of a single-gender education.	1822

(H) That, except as otherwise provided under division (B) of	1823
this section or section 3314.061 of the Revised Code, if the	1824
number of applicants exceeds the capacity restrictions of division	1825
(F) of this section, students shall be admitted by lot from all	1826
those submitting applications, except preference shall be given to	1827
students attending the school the previous year and to students	1828
who reside in the district in which the school is located.	1829
Preference may be given to siblings of students attending the	1830
school the previous year.	1831

Notwithstanding divisions (A) to (H) of this section, in the	1832
event the racial composition of the enrollment of the community	1833
school is violative of a federal desegregation order, the	1834
community school shall take any and all corrective measures to	1835
comply with the desegregation order.	1836

Sec. 3314.38.  (A) An individual who is at least twenty-two	1837
years of age and who is an eligible individual as defined in	1838
section 3317.23 of the Revised Code may enroll for up to two	1839
cumulative school years in a dropout prevention and recovery	1840
program operated by a community school that is designed to allow	1841
enrollees to earn a high school diploma. An individual enrolled	1842
under this division may elect to satisfy the requirements to earn	1843
a high school diploma by successfully completing a	1844
competency-based instructional program that complies with the	1845
standards adopted by the state board of education under section	1846
3317.231 of the Revised Code. The community school shall report	1847
that individual's enrollment on a full-time equivalency basis to	1848
the department of education. This report shall be in addition to	1849
the report required under division (B) of section 3314.08 of the	1850
Revised Code. An individual enrolled under this division shall not	1851
be assigned to classes or settings with students who are younger	1852
than eighteen years of age.	1853

(B)(1) For each community school that enrolls individuals	1854
under division (A) of this section, the department of education	1855
annually shall certify the enrollment and attendance, on a	1856
full-time equivalency basis, of each individual reported by the	1857
school under that division.	1858

(2) For each individual enrolled in a community school under	1859
division (A) of this section, the department annually shall pay to	1860
the community school an amount equal to the following:	1861

$5,000 X the individual's enrollment on a full-time equivalency	1862
basis as certified under division (B)(1) of this section X the	1863
portion of the school year in which the individual is enrolled in	1864
the school expressed as a percentage	1865

(C) A community school that enrolls individuals under	1866
division (A) of this section shall be subject to the program	1867
administration standards adopted by the state board under section	1868
3317.231 of the Revised Code, as applicable.	1869

(D) For each individual enrolled in a community school under	1870
division (A) of this section, the school shall annually report to	1871
the department all of the following information in accordance with	1872
the standards adopted by the state board under section 3317.231 of	1873
the Revised Code:	1874

(1) Demographic information, including age at enrollment,	1875
gender, and race or ethnicity;	1876

(2) The number of courses needed to graduate at the time of	1877
enrollment;	1878

(3) The number of courses in which the individual	1879
participated during the previous school year and the subject of	1880
each of those courses;	1881

(4) The number of courses the individual completed during the	1882
previous school year and the subject of each of those courses;	1883

(5) The subject area graduation tests prescribed by statutory	1884
law that the individual, at the time of enrollment, was required	1885
to pass in order to be eligible to graduate;	1886

(6) The number of subject area graduation tests prescribed by	1887
statutory law that the individual passed during the previous	1888
school year and the subject area of each of those tests;	1889

(7) The date that the school awarded a diploma to the	1890
individual, if applicable.	1891

Sec. 3317.034.  For purposes of section 3317.03 of the	1892
Revised Code:	1893

(A) A student shall be considered to be enrolled in the	1894
district for any portion of the school year the student is	1895
participating at a college under Chapter 3365. of the Revised	1896
Code.	1897

(B) A student shall be considered to be enrolled in the	1898
district for the period of time beginning on the date on which the	1899
school has both received the documentation of the student's	1900
enrollment from a parent and the student has commenced	1901
participation in learning opportunities offered by the district.	1902
For purposes of applying divisions (B) and (C) of this section,	1903
"learning opportunities" means both classroom-based and	1904
nonclassroom-based learning opportunities overseen by licensed	1905
educational employees of the district that is in compliance with	1906
criteria and documentation requirements for student participation,	1907
which shall be established by the department. Any student's	1908
instruction time in nonclassroom-based learning opportunities	1909
shall be certified by an employee of the district.	1910

(C) A student's enrollment shall be considered to cease on	1911
the date on which any of the following occur:	1912

(1) The district receives documentation from a parent	1913
terminating enrollment of the student.	1914

(2) The district is provided documentation of a student's	1915
enrollment in another public or nonpublic school.	1916

(3) The student fails to participate in learning	1917
opportunities and has not received an excused absence for one	1918
hundred and five continuous hours. If a student is withdrawn from	1919
the district for failure to participate in learning opportunities	1920
under division (C)(1)(a)(v) of this section and the district board	1921
determines that the student is truant, the district shall take the	1922
appropriate action required under sections 3321.19 and 3321.191 of	1923
the Revised Code.	1924

(4) The student ceases to participate in learning	1925
opportunities provided by the school.	1926

(D) No public school may enroll or withdraw a student from	1927
the education management information system established under	1928
section 3310.0714 of the Revised Code later than thirty days after	1929
the student's actual enrollment or withdrawal from the school.	1930

(E) A student in any of grades nine through twelve shall be	1931
considered a full-time equivalent student if the student is	1932
enrolled in at least five units of instruction, as defined in	1933
section 3313.603 of the Revised Code, per school year.	1934

Sec. 3317.23.  (A) For purposes of this section, an "eligible	1935
individual" is an individual who satisfies both of the following	1936
criteria:	1937

(1) The individual is at least twenty-two years of age.

1938

(2) The individual has not been awarded a high school diploma	1939
or a certificate of high school equivalence as defined in section	1940
4109.06 of the Revised Code.	1941

(B) An eligible individual may enroll in a city, local, or	1942
exempted village school district that operates a dropout	1943
prevention and recovery program for up to two cumulative school	1944
years for the purpose of earning a high school diploma. An	1945
individual enrolled under this division may elect to satisfy the	1946
requirements to earn a high school diploma by successfully	1947
completing a competency-based instructional program that complies	1948
with the standards adopted by the state board of education under	1949
section 3317.231 of the Revised Code. The district shall report	1950
that individual's enrollment on a full-time equivalency basis	1951
under division (A) of section 3317.036 of the Revised Code and	1952
shall not report that individual's enrollment under section	1953
3317.03 of the Revised Code. An individual enrolled under this	1954
division shall not be assigned to classes or settings with	1955
students who are younger than eighteen years of age.	1956

(C)(1) For each district that enrolls individuals under	1957
division (B) of this section, the department of education annually	1958
shall certify the enrollment and attendance, on a full-time	1959
equivalency basis, of each individual reported by the district	1960
under division (A) of section 3317.036 of the Revised Code.	1961

(2) For each individual enrolled in a district under division	1962
(B) of this section, the department annually shall pay to the	1963
district an amount equal to the following:	1964

$5,000 X the individual's enrollment on a full-time equivalency	1965
basis as certified under division (C)(1) of this section X the	1966
portion of the school year in which the individual is enrolled in	1967
the district expressed as a percentage	1968

(D) A district that enrolls individuals under division (B) of	1969
this section shall be subject to the program administration	1970
standards adopted by the state board under section 3317.231 of the	1971
Revised Code, as applicable.	1972

(E) For each individual enrolled in a district under division	1973
(B) of this section, the district shall annually report to the	1974
department all of the following information in accordance with the	1975
standards adopted by the state board under section 3317.231 of the	1976
Revised Code:	1977

(1) Demographic information, including age at enrollment,	1978
gender, and race or ethnicity;	1979

(2) The number of courses needed to graduate at the time of	1980
enrollment;	1981

(3) The number of courses in which the individual	1982
participated during the previous school year and the subject of	1983
each of those courses;	1984

(4) The number of courses the individual completed during the	1985
previous school year and the subject of each of those courses;	1986

(5) The subject area graduation tests prescribed by statutory	1987
law that the individual, at the time of enrollment, was required	1988
to pass in order to be eligible to graduate;	1989

(6) The number of subject area graduation tests prescribed by	1990
statutory law that the individual passed during the previous	1991
school year and the subject area of each of those tests;	1992

(7) The date that the district awarded a diploma to the	1993
individual, if applicable.	1994

Sec. 3317.24. (A) For purposes of this section, an "eligible	1995
individual" has the same meaning as in section 3317.23 of the	1996
Revised Code.	1997

(B) An eligible individual may enroll in a joint vocational	1998
school district that operates an adult education program for up to	1999
two cumulative school years for the purpose of completing the	2000
requirements to earn a high school diploma. An individual enrolled	2001
under this division may elect to satisfy these requirements by	2002
successfully completing a competency-based instructional program	2003
that complies with the standards adopted by the state board of	2004
education under section 3317.231 of the Revised Code. The district	2005
shall report an individual's enrollment under this division on a	2006
full-time equivalency basis under division (B) of section 3317.036	2007
of the Revised Code and shall not report that individual's	2008
enrollment under section 3317.03 of the Revised Code. An	2009
individual enrolled under this division shall not be assigned to	2010
classes or settings with students who are younger than eighteen	2011
years of age.	2012

(C)(1) For each joint vocational school district that enrolls	2013
individuals under division (B) of this section, the department of	2014
education annually shall certify the enrollment and attendance, on	2015
a full-time equivalency basis, of each individual reported by the	2016
district under division (B) of section 3317.036 of the Revised	2017
Code.	2018

(2) For each individual enrolled in a joint vocational school	2019
district under division (B) of this section, the department	2020
annually shall pay to the district an amount equal to the	2021
following:	2022

$5,000 X the individual's enrollment on a full-time equivalency	2023
basis as certified under division (C)(1) of this section X the	2024
portion of the school year in which the individual is enrolled in	2025
the district expressed as a percentage	2026

(D) If an individual enrolled in a joint vocational school	2027
district under division (B) of this section completes the	2028
requirements to earn a high school diploma, the joint vocational	2029
school district shall certify the completion of those requirements	2030
to the city, local, or exempted village school district in which	2031
the individual resides. Upon receiving certification under this	2032
division, the city, local, or exempted village school district in	2033
which the individual resides shall issue a high school diploma to	2034
the individual.	2035

(E) A joint vocational school district that enrolls	2036
individuals under division (B) of this section shall be subject to	2037
the program administration standards adopted by the state board	2038
under section 3317.231 of the Revised Code, as applicable.	2039

(F) For each individual enrolled in a joint vocational school	2040
district under division (B) of this section, the district shall	2041
annually report to the department all of the following information	2042
in accordance with the standards adopted by the state board under	2043
section 3317.231 of the Revised Code:	2044

(1) Demographic information, including age at enrollment,	2045
gender, and race or ethnicity;	2046

(2) The number of courses needed to graduate at the time of	2047
enrollment;	2048

(3) The number of courses in which the individual	2049
participated during the previous school year and the subject of	2050
each of those courses;	2051

(4) The number of courses the individual completed during the	2052
previous school year and the subject of each of those courses;	2053

(5) The subject area graduation tests prescribed by statutory	2054
law that the individual, at the time of enrollment, was required	2055
to pass in order to be eligible to graduate;	2056

(6) The number of subject area graduation tests prescribed by	2057
statutory law that the individual passed during the previous	2058
school year and the subject area of each of those tests;	2059

(7) The date that the district certified the individual's	2060
completion of the requirements to earn a high school diploma to	2061
the city, local, or exempted village school district in which the	2062
individual resides under division (D) of this section, if	2063
applicable.	2064

Sec. 3319.227.  (A) Notwithstanding any other provision of	2065
the Revised Code or any rule adopted by the state board of	2066
education to the contrary, the state board shall issue a resident	2067
educator license under section 3319.22 of the Revised Code to each	2068
person who is assigned to teach in this state as a participant in	2069
the teach for America program and who meets the following	2070
conditions:	2071

(1) Holds a bachelor's degree from an accredited institution	2072
of higher education;	2073

(2) Maintained a cumulative undergraduate grade point average	2074
of at least 2.5 out of 4.0, or its equivalent;	2075

(3) Has passed an examination prescribed by the state board	2076
in the subject area to be taught;	2077

(4) Has successfully completed the summer training institute	2078
operated by teach for America.	2079

(B) The state board shall issue a resident educator license	2080
under this section for teaching in any grade level or subject area	2081
for which a person may obtain a resident educator license under	2082
section 3319.22 of the Revised Code. The state board shall not	2083
adopt rules establishing any additional qualifications for the	2084
license beyond those specified in this section.	2085

(C) Notwithstanding any other provision of the Revised Code	2086
or any rule adopted by the state board to the contrary, the state	2087
board shall issue a resident educator license under section	2088
3319.22 of the Revised Code to any applicant who has completed at	2089
least two years of teaching in another state as a participant in	2090
the teach for America program and meets all of the conditions of	2091
divisions (A)(1) to (4) of this section. The state board shall	2092
credit an applicant under this division as having completed two	2093
years of the teacher residency program under section 3319.223 of	2094
the Revised Code.	2095

(D) In order to place teachers in this state, the teach for	2096
America program shall enter into an agreement with one or more	2097
accredited four-year public or private institutions of higher	2098
education in the state to provide optional training of teach for	2099
America participants for the purpose of enabling those	2100
participants to complete an optional master's degree or an	2101
equivalent amount of coursework. Nothing in this division shall	2102
require any teach for America participant to complete a master's	2103
degree as a condition of holding a license issued under this	2104
section.	2105

(E)(1) Each participant in the teach for America program	2106
shall successfully complete that program as a condition of	2107
continuing to hold a license issued pursuant to divisions (A) and	2108
(B) of this section.	2109

(2) If a participant in the teach for America program	2110
assigned to teach in a school district in this state resigns or is	2111
otherwise removed from the program prior to the program's	2112
completion, the board of education of that school district shall	2113
provide written notice of the participant's resignation to the	2114
department of education.	2115

Sec. 3319.261. (A) Notwithstanding any other provision of the	2116
Revised Code or any rule adopted by the state board of education	2117
to the contrary, the state board shall issue an alternative	2118
resident educator license under division (C) of section 3319.26 of	2119
the Revised Code to each applicant who meets the following	2120
conditions:	2121

(1) Holds a bachelor's degree from an accredited institution	2122
of higher education;	2123

(2) Has successfully completed a teacher education program	2124
offered by one of the following entities:	2125

(a) Graduation from anThe American Montessori	2126
society-affiliated teacher education programsociety;	2127

(b) Receipt of a certificate from theThe association	2128
Montessori internationale;	2129

(c) An institution accredited by the Montessori accreditation	2130
council for teacher education.	2131

(3) Is employed in a school that operates a program that uses	2132
the Montessori method endorsed by the American Montessori society,	2133
the Montessori accreditation council for teacher education, or the	2134
association Montessori internationale as its primary method of	2135
instruction.	2136

(B) The holder of an alternative resident educator license	2137
issued under this section shall be subject to divisions (A), (B),	2138
(D), and (E) of section 3319.26 of the Revised Code and shall be	2139
granted a professional educator license upon successful completion	2140
of the requirements described in division (F) of section 3319.26	2141
of the Revised Code.	2142

Sec. 3321.13.  (A) Whenever any child of compulsory school	2143
age withdraws from school the teacher of that child shall	2144
ascertain the reason for withdrawal. The fact of the withdrawal	2145
and the reason for it shall be immediately transmitted by the	2146
teacher to the superintendent of the city, local, or exempted	2147
village school district. If the child who has withdrawn from	2148
school has done so because of change of residence, the next	2149
residence shall be ascertained and shall be included in the notice	2150
thus transmitted. The superintendent shall thereupon forward a	2151
card showing the essential facts regarding the child and stating	2152
the place of the child's new residence to the superintendent of	2153
schools of the district to which the child has moved.	2154

The superintendent of public instruction may prescribe the	2155
forms to be used in the operation of this division.	2156

(B)(1) Upon receipt of information that a child of compulsory	2157
school age has withdrawn from school for a reason other than	2158
because of change of residence and is not enrolled in and	2159
attending in accordance with school policy an approved program to	2160
obtain a diploma or its equivalent, the superintendent shall	2161
notify the registrar of motor vehicles and the juvenile judge of	2162
the county in which the district is located of the withdrawal and	2163
failure to enroll in and attend an approved program to obtain a	2164
diploma or its equivalent. A notification to the registrar	2165
required by this division shall be given in the manner the	2166
registrar by rule requires and a notification to the juvenile	2167
judge required by this division shall be given in writing. Each	2168
notification shall be given within two weeks after the withdrawal	2169
and failure to enroll in and attend an approved program or its	2170
equivalent.	2171

(2) The board of education of a school district may adopt a	2172
resolution providing that the provisions of division (B)(2) of	2173
this section apply within the district. The provisions of division	2174
(B)(2) of this section do not apply within any school district,	2175
and no superintendent of a school district shall send a	2176
notification of the type described in division (B)(2) of this	2177
section to the registrar of motor vehicles or the juvenile judge	2178
of the county in which the district is located, unless the board	2179
of education of the district has adopted such a resolution. If the	2180
board of education of a school district adopts a resolution	2181
providing that the provisions of division (B)(2) of this section	2182
apply within the district, and if the superintendent of schools of	2183
that district receives information that, during any semester or	2184
term, a child of compulsory school age has been absent without	2185
legitimate excuse from the school the child is supposed to attend	2186
for more than ten consecutive school days or for at least fifteen	2187
total school days, the superintendent shall notify the child and	2188
the child's parent, guardian, or custodian, in writing, that the	2189
information has been provided to the superintendent, that as a	2190
result of that information the child's temporary instruction	2191
permit or driver's license will be suspended or the opportunity to	2192
obtain such a permit or license will be denied, and that the child	2193
and the child's parent, guardian, or custodian may appear in	2194
person at a scheduled date, time, and place before the	2195
superintendent or a designee to challenge the information provided	2196
to the superintendent.	2197

The notification to the child and the child's parent,	2198
guardian, or custodian required by division (B)(2) of this section	2199
shall set forth the information received by the superintendent and	2200
shall inform the child and the child's parent, guardian, or	2201
custodian of the scheduled date, time, and place of the appearance	2202
that they may have before the superintendent or a designee. The	2203
date scheduled for the appearance shall be no earlier than three	2204
and no later than five days after the notification is given,	2205
provided that an extension may be granted upon request of the	2206
child or the child's parent, guardian, or custodian. If an	2207
extension is granted, the superintendent shall schedule a new	2208
date, time, and place for the appearance and shall inform the	2209
child and the child's parent, guardian, or custodian of the new	2210
date, time, and place.	2211

If the child and the child's parent, guardian, or custodian	2212
do not appear before the superintendent or a designee on the	2213
scheduled date and at the scheduled time and place, or if the	2214
child and the child's parent, guardian, or custodian appear before	2215
the superintendent or a designee on the scheduled date and at the	2216
scheduled time and place but the superintendent or a designee	2217
determines that the information the superintendent received	2218
indicating that, during the semester or term, the child had been	2219
absent without legitimate excuse from the school the child was	2220
supposed to attend for more than ten consecutive school days or	2221
for at least fifteen total school days, the superintendent shall	2222
notify the registrar of motor vehicles and the juvenile judge of	2223
the county in which the district is located that the child has	2224
been absent for that period of time and that the child does not	2225
have any legitimate excuse for the habitual absence. A	2226
notification to the registrar required by this division shall be	2227
given in the manner the registrar by rule requires and a	2228
notification to the juvenile judge required by this division shall	2229
be given in writing. Each notification shall be given within two	2230
weeks after the receipt of the information of the habitual absence	2231
from school without legitimate excuse, or, if the child and the	2232
child's parent, guardian, or custodian appear before the	2233
superintendent or a designee to challenge the information, within	2234
two weeks after the appearance.	2235

For purposes of division (B)(2) of this section, a legitimate	2236
excuse for absence from school includes, but is not limited to,	2237
the fact that the child in question has enrolled in another school	2238
or school district in this or another state, the fact that the	2239
child in question was excused from attendance for any of the	2240
reasons specified in section 3321.04 of the Revised Code, or the	2241
fact that the child in question has received an age and schooling	2242
certificate in accordance with section 3331.01 of the Revised	2243
Code.	2244

(3) Whenever a pupil is suspended or expelled from school	2245
pursuant to section 3313.66 of the Revised Code and the reason for	2246
the suspension or expulsion is the use or possession of alcohol, a	2247
drug of abuse, or alcohol and a drug of abuse, the superintendent	2248
of schools of that district may notify the registrar and the	2249
juvenile judge of the county in which the district is located of	2250
such suspension or expulsion. Any such notification of suspension	2251
or expulsion shall be given to the registrar, in the manner the	2252
registrar by rule requires and shall be given to the juvenile	2253
judge in writing. The notifications shall be given within two	2254
weeks after the suspension or expulsion.	2255

(4) Whenever a pupil is suspended, expelled, removed, or	2256
permanently excluded from a school for misconduct included in a	2257
policy that the board of education of a city, exempted village, or	2258
local school district has adopted under division (A) of section	2259
3313.661 of the Revised Code, and the misconduct involves a	2260
firearm or a knife or other weapon as defined in that policy, the	2261
superintendent of schools of that district shall notify the	2262
registrar and the juvenile judge of the county in which the	2263
district is located of the suspension, expulsion, removal, or	2264
permanent exclusion. The notification shall be given to the	2265
registrar in the manner the registrar, by rule, requires and shall	2266
be given to the juvenile judge in writing. The notifications shall	2267
be given within two weeks after the suspension, expulsion,	2268
removal, or permanent exclusion.	2269

(5)(a) If a student has at least sixty cumulative hours of	2270
unexcused absences, the student's school district shall notify the	2271
student's parent, guardian, or custodian in writing that the	2272
student may be a chronic truant as defined under section 2152.02	2273
of the Revised Code. The notification shall specify that, if the	2274
student has at least one hundred five cumulative hours of	2275
unexcused absences, a complaint must be filed in the juvenile	2276
court of the county in which the child has a residence or legal	2277
settlement or in which the child is supposed to attend school	2278
jointly against the child and the parent, guardian, or custodian.	2279

(b) If a student has at least one hundred five cumulative	2280
hours of unexcused absences, the school district board of	2281
education shall take the appropriate action required under	2282
sections 3321.19 and 3321.191 of the Revised Code not later than	2283
ten days after the student accumulates one hundred five hours of	2284
unexcused absences.	2285

(c) If a student has at least two hundred sixty-five	2286
continuous hours of unexcused absences, the superintendent of the	2287
school district shall withdraw the student from the school.	2288

(d) The department of education shall track and record the	2289
number of students who meet any of the conditions prescribed in	2290
division (B)(5)(a), (b), or (c) of this section. If a district	2291
fails to comply with the provisions of division (B)(5)(a), (b), or	2292
(c) of this section, the superintendent of public instruction	2293
shall consider a reduction in the district's state operating	2294
payments under Chapter 3317. of the Revised Code on a case-by-case	2295
basis.	2296

(C) A notification of withdrawal, habitual absence without	2297
legitimate excuse, suspension, or expulsion given to the registrar	2298
or a juvenile judge under division (B)(1), (2), (3), or (4), or	2299
(5) of this section shall contain the name, address, date of	2300
birth, grade level, number of unexcused absences, school, and	2301
school district of the child. The notification also shall include	2302
the name of the child's parent, guardian, or custodian. If the	2303
superintendent finds, after giving a notification of withdrawal,	2304
habitual absence without legitimate excuse, suspension, or	2305
expulsion to the registrar and the juvenile judge under division	2306
(B)(1), (2), (3), or (4), or (5) of this section, that the	2307
notification was given in error, the superintendent immediately	2308
shall notify the registrar and the juvenile judge of that fact.	2309

Sec. 3345.86.  (A) As used in this section, an "eligible	2310
institution" means a community college established under Chapter	2311
3354. of the Revised Code, a university branch established under	2312
Chapter 3355. of the Revised Code, a technical college established	2313
under Chapter 3357. of the Revised Code, or a state community	2314
college established under Chapter 3358. of the Revised Code.	2315

(B) An individual who is at least twenty-two years of age and	2316
who is an eligible individual as defined in section 3317.23 of the	2317
Revised Code may enroll in an eligible institution for up to two	2318
cumulative school years for the purpose of completing the	2319
requirements to earn a high school diploma. An individual enrolled	2320
under this division may elect to satisfy these requirements by	2321
successfully completing a competency-based instructional program	2322
that complies with the standards adopted by the state board of	2323
education under section 3317.231 of the Revised Code.	2324

The eligible institution in which the individual enrolls	2325
shall report that individual's enrollment on a full-time	2326
equivalency basis to the department of education.	2327

(C)(1) For each eligible institution that enrolls individuals	2328
under division (B) of this section, the department annually shall	2329
certify the enrollment and attendance, on a full-time equivalency	2330
basis, of each individual reported by the institution under that	2331
division.	2332

(2) For each individual enrolled in an eligible institution	2333
under division (B) of this section, the department annually shall	2334
pay to the institution an amount equal to the following:	2335

$5,000 X the individual's enrollment on a full-time	2336
equivalency basis as certified under division (C)(1) of this	2337
section X the portion of the school year in which the individual	2338
is enrolled in the institution expressed as a percentage	2339

(D) If an individual enrolled in an eligible institution	2340
under division (B) of this section completes the requirements to	2341
earn a high school diploma, the institution shall certify the	2342
completion of those requirements to the city, local, or exempted	2343
village school district in which the individual resides. Upon	2344
receiving certification under this division, the city, local, or	2345
exempted village school district in which the individual resides	2346
shall issue a high school diploma to the individual.	2347

(E) An eligible institution that enrolls individuals under	2348
division (B) of this section shall be subject to the program	2349
administration standards adopted by the state board under section	2350
3317.231 of the Revised Code, as applicable.	2351

(F) For each individual enrolled in an eligible institution	2352
under division (B) of this section, the institution shall annually	2353
report to the department all of the following information in	2354
accordance with the standards adopted by the state board under	2355
section 3317.231 of the Revised Code:	2356

(1) Demographic information, including age at enrollment,	2357
gender, and race or ethnicity;	2358

(2) The number of courses needed to graduate at the time of	2359
enrollment;	2360

(3) The number of courses in which the individual	2361
participated during the previous school year and the subject of	2362
each of those courses;	2363

(4) The number of courses the individual completed during the	2364
previous school year and the subject of each of those courses;	2365

(5) The subject area graduation tests prescribed by statutory	2366
law that the individual, at the time of enrollment, was required	2367
to pass in order to be eligible to graduate;	2368

(6) The number of subject area graduation tests prescribed by	2369
statutory law that the individual passed during the previous	2370
school year and the subject area of each of those tests;	2371

(7) The date that the institution certified the individual's	2372
completion of the requirements to earn a high school diploma to	2373
the city, local, or exempted village school district in which the	2374
individual resides under division (D) of this section, if	2375
applicable.	2376

Sec. 3365.04. Each public and participating nonpublic	2377
secondary school shall do all of the following with respect to the	2378
college credit plus program:	2379

(A) Provide information about the program prior to the first	2380
day of March of each year to all students enrolled in grades six	2381
through eleven;	2382

(B) Provide counseling services to students in grades six	2383
through eleven and to their parents before the students	2384
participate in the program under this chapter to ensure that	2385
students and parents are fully aware of the possible consequences	2386
and benefits of participation. Counseling information shall	2387
include:	2388

(1) Program eligibility;

2389

(2) The process for granting academic credits;

2390

(3) Any necessary financial arrangements for tuition,	2391
textbooks, and fees;	2392

(4) Criteria for any transportation aid;

2393

(5) Available support services;

2394

(6) Scheduling;

2395

(7) Communicating the possible consequences and benefits of	2396
participation, including all of the following:	2397

(a) The consequences of failing or not completing a course	2398
under the program, including the effect on the student's ability	2399
to complete the secondary school's graduation requirements;	2400

(b) The effect of the grade attained in a course under the	2401
program being included in the student's grade point average, as	2402
applicable;	2403

(c) The benefits to the student for successfully completing a	2404
course under the program, including the ability to reduce the	2405
overall costs of, and the amount of time required for, a college	2406
education.	2407

(8) The academic and social responsibilities of students and	2408
parents under the program;	2409

(9) Information about and encouragement to use the counseling	2410
services of the college in which the student intends to enroll;	2411

(10) The standard packet of information for the program	2412
developed by the chancellor of the Ohio board of regents pursuant	2413
to section 3365.15 of the Revised Code;	2414

For a participating nonpublic secondary school, counseling	2415
information shall also include an explanation that funding may be	2416
limited and that not all students who wish to participate may be	2417
able to do so.	2418

(C) Promote the program on the school's web site, including	2419
the details of the school's current agreements with partnering	2420
colleges;	2421

(D) Schedule at least one informational session per school	2422
year to allow each partnering college that is located within	2423
thirty miles of the school to meet with interested students and	2424
parents. The session shall include the benefits and consequences	2425
of participation and shall outline any changes or additions to the	2426
requirements of the program. If there are no partnering colleges	2427
located within thirty miles of the school, the school shall	2428
coordinate with the closest partnering college to offer an	2429
informational session.	2430

(E) Implement a policy for the awarding of grades and the	2431
calculation of class standing for courses taken under division	2432
(A)(2) or (B) of section 3365.06 of the Revised Code. The policy	2433
adopted under this division shall be equivalent to the school's	2434
policy for courses taken under the advanced standing programs	2435
described in divisions (A)(2) and (3) of section 3313.6013 of the	2436
Revised Code or for other courses designated as honors courses by	2437
the school. If the policy includes awarding a weighted grade or	2438
enhancing a student's class standing for these courses, the policy	2439
adopted under this section shall also provide for theserequire	2440
the same procedures to be applied to all courses taken under the	2441
college credit plus program, regardless of whether a similar	2442
course is offered at the school.	2443

(F) Develop model course pathways, pursuant to section	2444
3365.13 of the Revised Code, and publish the course pathways among	2445
the school's official list of course offerings for the program.	2446

(G) Annually collect, report, and track specified data	2447
related to the program according to data reporting guidelines	2448
adopted by the chancellor and the superintendent of public	2449
instruction pursuant to section 3365.15 of the Revised Code.	2450

Sec. 3365.05. Each public and participating private college	2451
shall do all of the following with respect to the college credit	2452
plus program:	2453

(A) Apply established standards and procedures for admission	2454
to the college and for course placement for participants. When	2455
determining admission and course placement, the college shall do	2456
all of the following:	2457

(1) Consider all available student data that may be an	2458
indicator of college readiness, including grade point average and	2459
end-of-course examination scores, if applicable;	2460

(2) Give priority to its current students regarding	2461
enrollment in courses. However, once a participant has been	2462
accepted into a course, the college shall not displace the	2463
participant for another student.	2464

(3) Adhere to any capacity limitations that the college has	2465
established for specified courses.	2466

If a participant meets the applicable eligibility criteria	2467
required for participation under the college credit plus program,	2468
no public or participating private college shall prohibit the	2469
admission of that participant based solely on the grade in which	2470
the participant is currently enrolled.	2471

(B) Send written notice to a participant, the participant's	2472
parent, the participant's secondary school, and the superintendent	2473
of public instruction, not later than fourteen calendar days prior	2474
to the first day of classes for that term, of the participant's	2475
admission to the college and to specified courses under the	2476
program.	2477

(C) Provide both of the following, not later than twenty-one	2478
calendar days after the first day of classes for that term, to	2479
each participant, participant's secondary school, and the	2480
superintendent of public instruction:	2481

(1) The courses and hours of enrollment of the participant;

2482

(2) The option elected by the participant under division (A)	2483
or (B) of section 3365.06 of the Revised Code for each course.	2484

The college shall also provide to each partnering school a	2485
roster of participants from that school that are enrolled in the	2486
college and a list of course assignments for each participant.	2487

(D) Promote the program on the college's web site, including	2488
the details of the college's current agreements with partnering	2489
secondary schools.	2490

(E) Coordinate with each partnering secondary school that is	2491
located within thirty miles of the college to present at least one	2492
informational session per school year for interested students and	2493
parents. The session shall include the benefits and consequences	2494
of participation and shall outline any changes or additions to the	2495
requirements of the program. If there are no partnering schools	2496
located within thirty miles of the college, the college shall	2497
coordinate with the closest partnering school to offer an	2498
informational session.	2499

(F) Assign an academic advisor that is employed by the	2500
college to each participant enrolled in that college. Prior to the	2501
date on which a withdrawal from a course would negatively affect a	2502
participant's transcripted grade, as prescribed by the college's	2503
established withdrawal policy, the college shall ensure that the	2504
academic advisor and the participant meet at least once to discuss	2505
the program and the courses in which the participant is enrolled.	2506

(G) Do both of the following with regard to high school	2507
teachers that are teaching courses for the college at a secondary	2508
school under the program:	2509

(1) Provide at least one professional development session per	2510
school year;	2511

(2) Conduct at least one classroom observation per school	2512
year for each course that is authorized by the college and taught	2513
by a high school teacher to ensure that the course meets the	2514
quality of a college-level course.	2515

(H) Annually collect, report, and track specified data	2516
related to the program according to data reporting guidelines	2517
adopted by the chancellor and the superintendent of public	2518
instruction pursuant to section 3365.15 of the Revised Code.	2519

(I) With the exception of divisions (D) and (E) of this	2520
section, any eligible out-of-state college participating in the	2521
college credit plus program shall be subject to the same	2522
requirements as a participating private college under this	2523
section.	2524

Sec. 3365.07.  The department of education shall calculate	2525
and pay state funds to colleges for participants in the college	2526
credit plus program under division (B) of section 3365.06 of the	2527
Revised Code pursuant to this section. For a nonpublic secondary	2528
school participant, a nonchartered nonpublic secondary school	2529
participant, or a home-instructed participant, the department	2530
shall pay state funds pursuant to this section only if that	2531
participant is awarded funding according to rules adopted by the	2532
chancellor of the Ohio board of regents, in consultation with the	2533
superintendent of public instruction, pursuant to section 3365.071	2534
of the Revised Code. The program shall be the sole mechanism by	2535
which state funds are paid to colleges for students to earn	2536
college-level credit while enrolled in a secondary school, with	2537
the exception of the programs listed in division (A) of section	2538
3365.02 of the Revised Code.	2539

(A) For each public or nonpublic secondary school participant	2540
enrolled in a public college:	2541

(1) If no agreement has been entered into under division	2542
(A)(2) of this section, both of the following shall apply:	2543

(a) The department shall pay to the college the applicable	2544
amount as follows:	2545

(i) For a participant enrolled in a college course delivered	2546
on the college campus, at another location operated by the	2547
college, or online, the default ceiling amount;	2548

(ii) For a participant enrolled in a college course delivered	2549
at the participant's secondary school but taught by college	2550
faculty, fifty per cent of the default ceiling amount;	2551

(iii) For a participant enrolled in a college course	2552
delivered at the participant's secondary school and taught by a	2553
high school teacher who has met the credential requirements	2554
established for purposes of the program in rules adopted by the	2555
chancellor of the Ohio board of regents, the default floor amount.	2556

(b) The participant's secondary school shall pay for	2557
textbooks, and the college shall waive payment of all other fees	2558
related to participation in the program.	2559

(2) The governing entity of a participant's secondary school	2560
and the college may enter into an agreement to establish an	2561
alternative payment structure for tuition, textbooks, and fees.	2562
Under such an agreement, payments for each participant made by the	2563
department shall be not less than the default floor amount, unless	2564
approved by the chancellor, and not more than the default ceiling	2565
amount. The chancellor shall approve an agreement that includes a	2566
payment below the default floor amount, as long as the provisions	2567
of the agreement comply with all other requirements of this	2568
chapter to ensure program quality. If no agreement is entered into	2569
under division (A)(2) of this section, both of the following shall	2570
apply:	2571

(a) The department shall pay to the college the applicable	2572
default amounts prescribed by division (A)(1)(a) of this section,	2573
depending upon the method of delivery and instruction.	2574

(b) In accordance with division (A)(1)(b) of this section,	2575
the participant's secondary school shall pay for textbooks, and	2576
the college shall waive payment of all other fees related to	2577
participation in the program.	2578

(3) No participant that is enrolled in a public college shall	2579
be charged for any tuition, textbooks, or other fees related to	2580
participation in the program.	2581

(B) For each public secondary school participant enrolled in	2582
a private college:	2583

(1) If no agreement has been entered into under division	2584
(B)(2) of this section, the department shall pay to the college	2585
the applicable amount calculated in the same manner as in division	2586
(A)(1)(a) of this section.	2587

(2) The governing entity of a participant's secondary school	2588
and the college may enter into an agreement to establish an	2589
alternative payment structure for tuition, textbooks, and fees.	2590
Under such an agreement, payments shall be not less than the	2591
default floor amount, unless approved by the chancellor, and not	2592
more than the default ceiling amount.	2593

If an agreement is entered into under division (B)(2) of this	2594
section, both of the following shall apply:	2595

(a) The department shall make a payment to the college for	2596
each participant that is equal to the default floor amount, unless	2597
approved by the chancellor to pay an amount below the default	2598
floor amount. The chancellor shall approve an agreement that	2599
includes a payment below the default floor amount, as long as the	2600
provisions of the agreement comply with all other requirements of	2601
this chapter to ensure program quality.	2602

(b) Payment for costs for the participant that exceed the	2603
amount paid by the department pursuant to division (B)(2)(a) of	2604
this section shall be negotiated by the school and the college.	2605
The agreement may include a stipulation permitting the charging of	2606
a participant, so long as the school provides information to all	2607
participants on the no-cost options available under this chapter.	2608

However, under no circumstances shall:

2609

(i) Payments for a participant made by the department under	2610
this division (B)(2) of this section exceed the default ceiling	2611
amount;	2612

(ii) The amount charged to a participant under division	2613
(B)(2) of this section exceed the difference between the maximum	2614
per participant charge amount and the default floor amount;	2615

(iii) The sum of the payments made by the department for a	2616
participant and the amount charged to that participant under	2617
division (B)(2) of this section exceed the following amounts, as	2618
applicable:	2619

(I) For a participant enrolled in a college course delivered	2620
on the college campus, at another location operated by the	2621
college, or online, the maximum per participant charge amount;	2622

(II) For a participant enrolled in a college course delivered	2623
at the participant's secondary school but taught by college	2624
faculty, one hundred twenty-five dollars;	2625

(III) For a participant enrolled in a college course	2626
delivered at the participant's secondary school and taught by a	2627
high school teacher who has met the credential requirements	2628
established for purposes of the program in rules adopted by the	2629
chancellor of the Ohio board of regents, one hundred dollars.	2630

(iv) A participant that is identified as economically	2631
disadvantaged according to rules adopted by the department be	2632
charged under division (B)(2) of this section for any tuition,	2633
textbooks, or other fees related to participation in the program.	2634

(C) For each nonpublic secondary school participant enrolled	2635
in a private or eligible out-of-state college, the department	2636
shall pay to the college the applicable amount calculated in the	2637
same manner as in division (A)(1)(a) of this section. Payment for	2638
costs for the participant that exceed the amount paid by the	2639
department shall be negotiated by the governing body of the	2640
nonpublic secondary school and the college.	2641

However, under no circumstances shall:

2642

(1) The payments for a participant made by the department	2643
under this division exceed the default ceiling amount.	2644

(2) Any nonpublic secondary school participant, who is	2645
enrolled in that secondary school with a scholarship awarded under	2646
either the educational choice scholarship pilot program, as	2647
prescribed by sections 3310.01 to 3310.17, or the pilot project	2648
scholarship program, as prescribed by sections 3313.974 to	2649
3313.979 of the Revised Code, and who qualifies as a low-income	2650
student under either of those programs, be charged for any	2651
tuition, textbooks, or other fees related to participation in the	2652
college credit plus program.	2653

(D) For each nonchartered nonpublic secondary school	2654
participant and each home-instructed participant enrolled in a	2655
public, private, or eligible out-of-state college, the department	2656
shall pay to the college the default ceiling amount, if that	2657
participant is enrolled in a college course delivered on the	2658
college campus, at another location operated by the college, or	2659
online.	2660

(E) Not later than thirty days after the end of each term,	2661
each college expecting to receive payment for the costs of a	2662
participant under this section shall notify the department of the	2663
number of enrolled credit hours for each participant.	2664

(F) Each January and July, or as soon as possible thereafter,	2665
the department shall make the applicable payments under this	2666
section to each college, which provided proper notification to the	2667
department under division (E) of this section, for the number of	2668
enrolled credit hours for participants enrolled in the college	2669
under division (B) of section 3365.06 of the Revised Code. The	2670
department shall not make any payments to a college under this	2671
section if a participant withdrew from a course prior to the date	2672
on which a withdrawal from the course would have negatively	2673
affected the participant's transcripted grade, as prescribed by	2674
the college's established withdrawal policy.	2675

(1) Payments made for public secondary school participants	2676
under this section shall be deducted from the school foundation	2677
payments made to the participant's school district or, if the	2678
participant is enrolled in a community school, a STEM school, or a	2679
college-preparatory boarding school, from the payments made to	2680
that school under section 3314.08, 3326.33, or 3328.34 of the	2681
Revised Code. If the participant is enrolled in a joint vocational	2682
school district, a portion of the amount shall be deducted from	2683
the payments to the joint vocational school district and a portion	2684
shall be deducted from the payments to the participant's city,	2685
local, or exempted village school district in accordance with the	2686
full-time equivalency of the student's enrollment in each	2687
district. Amounts deducted under division (F)(1) of this section	2688
shall be calculated in accordance with rules adopted by the	2689
chancellor, in consultation with the state superintendent,	2690
pursuant to division (B) of section 3365.071 of the Revised Code.	2691

(2) Payments made for nonpublic secondary school	2692
participants, nonchartered nonpublic secondary school	2693
participants, and home-instructed participants under this section	2694
shall be deducted from moneys appropriated by the general assembly	2695
for such purpose. Payments shall be allocated and distributed in	2696
accordance with rules adopted by the chancellor, in consultation	2697
with the state superintendent, pursuant to division (A) of section	2698
3365.071 of the Revised Code.	2699

(G) Any public college that enrolls a student under division	2700
(B) of section 3365.06 of the Revised Code may include that	2701
student in the calculation used to determine its state share of	2702
instruction funds appropriated to the Ohio board of regents by the	2703
general assembly.	2704

Section 2. That existing sections 3301.0711, 3301.0712,	2705
3302.02, 3302.03, 3302.035, 3313.534, 3313.612, 3313.672,	2706
3313.814, 3314.06, 3314.38, 3317.034, 3317.23, 3317.24, 3319.227,	2707
3319.261, 3321.13, 3345.86, 3365.04, 3365.05, and 3365.07 of the	2708
Revised Code are hereby repealed.	2709

Section 3.  That Section 263.20 of Am. Sub. H.B. 59 of the	2710
130th General Assembly, as amended by Am. Sub. H.B. 487 of the	2711
130th General Assembly, be amended to read as follows:	2712

Sec. 263.20. OPERATING EXPENSES

2713

A portion of the foregoing appropriation item 200321,	2714
Operating Expenses, shall be used by the Department of Education	2715
to provide matching funds under 20 U.S.C. 2321.	2716

EARLY CHILDHOOD EDUCATION

2717

Of the foregoing appropriation item 200408, Early Childhood	2718
Education, up to $50,000 in each fiscal year shall be used to	2719
support the operations of the "Ready, Set, Go...to Kindergarten"	2720
Program at the Horizon Education Center in Lorain County. The	2721
effectiveness of the program shall be evaluated and reported to	2722
the Department of Education in a study that includes statistics on	2723
program participants' scores for the "Get It, Got It, Go!"	2724
assessment and the kindergarten readiness assessment.	2725

The Department of Education shall distribute the remainder of	2726
the foregoing appropriation item 200408, Early Childhood	2727
Education, to pay the costs of early childhood education programs.	2728
The Department shall distribute such funds directly to qualifying	2729
providers.	2730

(A) As used in this section:

2731

(1) "Provider" means a city, local, exempted village, or	2732
joint vocational school district; an educational service center; a	2733
community school; a chartered nonpublic school; an early childhood	2734
education child care provider licensed under Chapter 5104. of the	2735
Revised Code that participates in and meets at least the third	2736
highest tier of the tiered quality rating and improvement system	2737
described in section 5104.30 of the Revised Code; or a combination	2738
of entities described in this paragraph.	2739

(2)(a) In the case of a city, local, or exempted village	2740
school district or early childhood education child care provider	2741
licensed under Chapter 5104. of the Revised Code, "new eligible	2742
provider" means a provider that did not receive state funding for	2743
Early Childhood Education in the previous fiscal year or	2744
demonstrates a need for early childhood programs as defined in	2745
division (D) of this section.	2746

(b) In the case of a community school, "new eligible	2747
provider" means a community school that operates a program that	2748
uses the Montessori method endorsed by the American Montessori	2749
society, the Montessori accreditation council for teacher	2750
education, or the association Montessori internationale as its	2751
primary method of instruction, as authorized by division (A) of	2752
section 3314.06 of the Revised Code, that did not receive state	2753
funding for Early Childhood Education in the previous fiscal year	2754
or demonstrates a need for early childhood programs as defined in	2755
division (D) of this section.	2756

(3) "Eligible child" means a child who is at least three	2757
years of age as of the district entry date for kindergarten, is	2758
not of the age to be eligible for kindergarten, and whose family	2759
earns not more than two hundred per cent of the federal poverty	2760
guidelines as defined in division (A)(3) of section 5101.46 of the	2761
Revised Code. Children with an Individualized Education Program	2762
and where the Early Childhood Education program is the least	2763
restrictive environment may be enrolled on their third birthday.	2764

(4) "Early learning program standards" means early learning	2765
program standards for school readiness developed by the Department	2766
to assess the operation of early learning programs.	2767

(B) In each fiscal year, up to two per cent of the total	2768
appropriation may be used by the Department for program support	2769
and technical assistance. The Department shall distribute the	2770
remainder of the appropriation in each fiscal year to serve	2771
eligible children.	2772

(C) The Department shall provide an annual report to the	2773
Governor, the Speaker of the House of Representatives, and the	2774
President of the Senate and post the report to the Department's	2775
web site, regarding early childhood education programs operated	2776
under this section and the early learning program standards.	2777

(D) After setting aside the amounts to make payments due from	2778
the previous fiscal year, in fiscal year 2014, the Department	2779
shall distribute funds first to recipients of funds for early	2780
childhood education programs under Section 267.10.10 of Am. Sub.	2781
H.B. 153 of the 129th General Assembly, as amended by Am. Sub.	2782
H.B. 487 of the 129th General Assembly, in the previous fiscal	2783
year and the balance to new eligible providers of early childhood	2784
education programs under this section or to existing providers to	2785
serve more eligible children or for purposes of program expansion,	2786
improvement, or special projects to promote quality and	2787
innovation.	2788

After setting aside the amounts to make payments due from the	2789
previous fiscal year, in fiscal year 2015, the Department shall	2790
distribute funds first to providers of early childhood education	2791
programs under this section in the previous fiscal year and the	2792
balance to new eligible providers or to existing providers to	2793
serve more eligible children as outlined under division (E) of	2794
this section or for purposes of program expansion, improvement, or	2795
special projects to promote quality and innovation.	2796

(E) The Department shall distribute any new or remaining	2797
funding to existing providers of early childhood education	2798
programs or any new eligible providers in an effort to invest in	2799
high quality early childhood programs where there is a need as	2800
determined by the Department. The Department shall distribute the	2801
new or remaining funds to existing providers of early childhood	2802
education programs or any new eligible providers to serve	2803
additional eligible children based on community economic	2804
disadvantage, limited access to high quality preschool or	2805
childcare services, and demonstration of high quality preschool	2806
services as determined by the Department using new metrics	2807
developed pursuant to Ohio's Race to the Top—Early Learning	2808
Challenge Grant, awarded to the Department in December 2011.	2809

Awards under divisions (D) and (E) of this section shall be	2810
distributed on a per-pupil basis, and in accordance with division	2811
(I) of this section. The Department may adjust the per-pupil	2812
amount so that the per-pupil amount multiplied by the number of	2813
eligible children enrolled and receiving services on the first day	2814
of December or the business day closest to that date equals the	2815
amount allocated under this section.	2816

(F) Costs for developing and administering an early childhood	2817
education program may not exceed fifteen per cent of the total	2818
approved costs of the program.	2819

All providers shall maintain such fiscal control and	2820
accounting procedures as may be necessary to ensure the	2821
disbursement of, and accounting for, these funds. The control of	2822
funds provided in this program, and title to property obtained,	2823
shall be under the authority of the approved provider for purposes	2824
provided in the program unless, as described in division (K) of	2825
this section, the program waives its right for funding or a	2826
program's funding is eliminated or reduced due to its inability to	2827
meet financial or early learning program standards. The approved	2828
provider shall administer and use such property and funds for the	2829
purposes specified.	2830

(G) The Department may examine a provider's financial and	2831
program records. If the financial practices of the program are not	2832
in accordance with standard accounting principles or do not meet	2833
financial standards outlined under division (F) of this section,	2834
or if the program fails to substantially meet the early learning	2835
program standards, meet a quality rating level in the tiered	2836
quality rating and improvement system developed under section	2837
5104.30 of the Revised Code as prescribed by the Department, or	2838
exhibits below average performance as measured against the	2839
standards, the early childhood education program shall propose and	2840
implement a corrective action plan that has been approved by the	2841
Department. The approved corrective action plan shall be signed by	2842
the chief executive officer and the executive of the official	2843
governing body of the provider. The corrective action plan shall	2844
include a schedule for monitoring by the Department. Such	2845
monitoring may include monthly reports, inspections, a timeline	2846
for correction of deficiencies, and technical assistance to be	2847
provided by the Department or obtained by the early childhood	2848
education program. The Department may withhold funding pending	2849
corrective action. If an early childhood education program fails	2850
to satisfactorily complete a corrective action plan, the	2851
Department may deny expansion funding to the program or withdraw	2852
all or part of the funding to the program and establish a new	2853
eligible provider through a selection process established by the	2854
Department.	2855

(H)(1) If the early childhood education program is licensed	2856
by the Department of Education and is not highly rated, as	2857
determined by the Director of Job and Family Services, under the	2858
tiered quality rating and improvement system described in section	2859
5104.30 of the Revised Code, the program shall do all of the	2860
following:	2861

(a) Meet teacher qualification requirements prescribed by	2862
section 3301.311 of the Revised Code;	2863

(b) Align curriculum to the early learning content standards	2864
developed by the Department;	2865

(c) Meet any child or program assessment requirements	2866
prescribed by the Department;	2867

(d) Require teachers, except teachers enrolled and working to	2868
obtain a degree pursuant to section 3301.311 of the Revised Code,	2869
to attend a minimum of twenty hours every two years of	2870
professional development as prescribed by the Department;	2871

(e) Document and report child progress as prescribed by the	2872
Department;	2873

(f) Meet and report compliance with the early learning	2874
program standards as prescribed by the Department;	2875

(g) Participate in the tiered quality rating and improvement	2876
system developed under section 5104.30 of the Revised Code.	2877
Effective July 1, 2016, all programs shall be rated through the	2878
system.	2879

(2) If the program is highly rated, as determined by the	2880
Director of Job and Family Services, under the tiered quality	2881
rating and improvement system developed under section 5104.30 of	2882
the Revised Code, the program shall comply with the requirements	2883
of that system.	2884

(I) Per-pupil funding for programs subject to this section	2885
shall be sufficient to provide eligible children with services for	2886
a standard early childhood schedule which shall be defined in this	2887
section as a minimum of twelve and one-half hours per school week	2888
as defined in section 3313.62 of the Revised Code for the minimum	2889
school year as defined in sections 3313.48, 3313.481, and 3313.482	2890
of the Revised Code. Nothing in this section shall be construed to	2891
prohibit program providers from utilizing other funds to serve	2892
eligible children in programs that exceed the twelve and one-half	2893
hours per week or that exceed the minimum school year. For any	2894
provider for which a standard early childhood education schedule	2895
creates a hardship or for which the provider shows evidence that	2896
the provider is working in collaboration with a preschool special	2897
education program, the provider may submit a waiver to the	2898
Department requesting an alternate schedule. If the Department	2899
approves a waiver for an alternate schedule that provides services	2900
for less time than the standard early childhood education	2901
schedule, the Department may reduce the provider's annual	2902
allocation proportionately. Under no circumstances shall an annual	2903
allocation be increased because of the approval of an alternate	2904
schedule.	2905

(J) Each provider shall develop a sliding fee scale based on	2906
family incomes and shall charge families who earn more than two	2907
hundred per cent of the federal poverty guidelines, as defined in	2908
division (A)(3) of section 5101.46 of the Revised Code, for the	2909
early childhood education program.	2910

The Department shall conduct an annual survey of each	2911
provider to determine whether the provider charges families	2912
tuition or fees, the amount families are charged relative to	2913
family income levels, and the number of families and students	2914
charged tuition and fees for the early childhood program.	2915

(K) If an early childhood education program voluntarily	2916
waives its right for funding, or has its funding eliminated for	2917
not meeting financial standards or the early learning program	2918
standards, the provider shall transfer control of title to	2919
property, equipment, and remaining supplies obtained through the	2920
program to providers designated by the Department and return any	2921
unexpended funds to the Department along with any reports	2922
prescribed by the Department. The funding made available from a	2923
program that waives its right for funding or has its funding	2924
eliminated or reduced may be used by the Department for new grant	2925
awards or expansion grants. The Department may award new grants or	2926
expansion grants to eligible providers who apply. The eligible	2927
providers who apply must do so in accordance with the selection	2928
process established by the Department.	2929

(L) Eligible expenditures for the Early Childhood Education	2930
Program shall be claimed each fiscal year to help meet the state's	2931
TANF maintenance of effort requirement. The Superintendent of	2932
Public Instruction and the Director of Job and Family Services	2933
shall enter into an interagency agreement to carry out the	2934
requirements under this division, which shall include developing	2935
reporting guidelines for these expenditures.	2936

(M) The Early Childhood Advisory Council established under	2937
section 3301.90 of the Revised Code shall provide, by October 1,	2938
2013, recommendations including, but not limited to, the	2939
administration, implementation, and distribution of funding for an	2940
early childhood voucher program, to the Superintendent of Public	2941
Instruction, the Governor's Office of 21st Century Education, the	2942
Speaker of the House of Representatives, the President of the	2943
Senate, and the chairpersons of the standing committees of the	2944
House of Representatives and the Senate that deal primarily with	2945
issues of education. Decisions on the implementation of the	2946
voucher program shall be made by the Governor's Office of 21st	2947
Century Education with recommendations from the State	2948
Superintendent of Public Instruction and the Early Childhood	2949
Advisory Council.	2950

Section 4.  That existing Section 263.20 of Am. Sub. H.B. 59	2951
of the 130th General Assembly, as amended by Am. Sub. H.B. 487 of	2952
the 130th General Assembly, is hereby repealed.	2953

Section 5. That Section 263.320 of Am. Sub. H.B. 59 of the	2954
130th General Assembly, as amended by Am. Sub. H.B. 483 of the	2955
130th General Assembly, be amended to read as follows:	2956

Sec. 263.320. LOTTERY PROFITS EDUCATION FUND

2957

Appropriation item 200612, Foundation Funding (Fund 7017),	2958
shall be used in conjunction with appropriation item 200550,	2959
Foundation Funding (GRF), to provide state foundation payments to	2960
school districts.	2961

The Department of Education, with the approval of the	2962
Director of Budget and Management, shall determine the monthly	2963
distribution schedules of appropriation item 200550, Foundation	2964
Funding (GRF), and appropriation item 200612, Foundation Funding	2965
(Fund 7017). If adjustments to the monthly distribution schedule	2966
are necessary, the Department of Education shall make such	2967
adjustments with the approval of the Director of Budget and	2968
Management.	2969

CAREER ADVISING AND MENTORING PROGRAM

2970

The foregoing appropriation item 200629, Career Advising and	2971
Mentoring, shall be used by the State Superintendent of Public	2972
Instruction to create the Career Advising and Mentoring Grant	2973
Program. The Superintendent shall develop guidelines for the	2974
grants. The program shall award competitive matching grants to	2975
provide funding for local networks of volunteers and organizations	2976
to sponsor career advising and mentoring for students in eligible	2977
school districts. Each grant award shall match up to three times	2978
the funds allocated to the project by the local network. Eligible	2979
school districts are those with a high percentage of students in	2980
poverty, a high number of students not graduating on time, and	2981
other criteria as determined by the State Superintendent. Eligible	2982
school districts shall partner with members of the business	2983
community, civic organizations, or the faith-based community to	2984
provide sustainable career advising and mentoring services.	2985

An amount equal to the unexpended, unencumbered portion of	2986
the foregoing appropriation item 200629, Career Advising and	2987
Mentoring Program, at the end of fiscal year 2015 is hereby	2988
reappropriated to the Department of Education for the same purpose	2989
for fiscal year 2016.	2990

STRAIGHT A FUND

2991

Of the foregoing appropriation item 200648, Straight A Fund,	2992
up to $70,000 in each fiscal year shall be used by Kids Unlimited	2993
of Toledo for quality after-school tutoring and mentoring programs	2994
in two elementary school buildings in Lucas County. The school	2995
buildings may include any community school, chartered nonpublic	2996
school, or building that is part of a city, local, or exempted	2997
village school district. Kids Unlimited of Toledo shall provide	2998
local matching funds equal to the set-aside.	2999

Of the foregoing appropriation item 200648, Straight A Fund,	3000
up to $250,000 in each fiscal year may be used to make competitive	3001
grants in accordance with Section 263.324 of this act.	3002

Of the foregoing appropriation item 200648, Straight A Fund,	3003
up to $6,000,000 in fiscal year 2014 shall be distributed to the	3004
Cleveland Municipal School District to be used, as determined by	3005
the Department of Education, to implement provisions of Am. Sub.	3006
H.B. 525 of the 129th General Assembly.	3007

Of the foregoing appropriation item 200648, Straight A Fund,	3008
up to $5,000,000 in each fiscal year shall be provided to school	3009
districts that meet the conditions prescribed in division (G)(3)	3010
of section 3317.0212 of the Revised Code to support innovations	3011
that improve the efficiency of pupil transportation. This may	3012
include, but is not limited to, the purchase of buses and other	3013
equipment. The Department of Education shall distribute these	3014
funds to districts based on each district's qualifying ridership	3015
as reported under division (B) of section 3317.0212 of the Revised	3016
Code.	3017

The remainder of appropriation item 200648, Straight A Fund,	3018
shall be used to make competitive grants in accordance with	3019
Section 263.325 of this act.	3020

EDCHOICE EXPANSION

3021

The foregoing appropriation item 200666, EdChoice Expansion,	3022
shall be used as follows:	3023

(A) In fiscal year 2014, notwithstanding section 3310.032 of	3024
the Revised Code, the Department of Education shall administer an	3025
expansion of the Educational Choice Scholarship program as	3026
follows:	3027

(1) A student is an "eligible student" for purposes of the	3028
expansion of the Educational Choice Scholarship Pilot Program	3029
under division (A) of this section if the student's resident	3030
district is not a school district in which the pilot project	3031
scholarship program is operating under sections 3313.974 to	3032
3313.979 of the Revised Code and the student's family income is at	3033
or below two hundred per cent of the federal poverty guidelines,	3034
as defined in section 5101.46 of the Revised Code.	3035

(2) The Department shall pay scholarships to attend chartered	3036
nonpublic schools in accordance with section 3310.08 of the	3037
Revised Code. The number of scholarships awarded under division	3038
(A) of this section shall not exceed the number that can be funded	3039
with appropriations made by the general assembly for this purpose.	3040

(3) Scholarships under division (A) of this section shall be	3041
awarded for the 2013-2014 school year, to eligible students who	3042
are entering kindergarten in that school year for the first time.	3043

(4) If the number of eligible students who apply for a	3044
scholarship exceeds the scholarships available based on the	3045
appropriation for division (A) of this section, the department	3046
shall award scholarships in the following order of priority:	3047

(a) First, to eligible students with family incomes at or	3048
below one hundred per cent of the federal poverty guidelines.	3049

(b) Second, to other eligible students who qualify under	3050
division (A) of this section. If the number of students described	3051
in division (A)(4)(b) of this section exceeds the number of	3052
available scholarships after awards are made under division	3053
(A)(4)(a) of this section, the department shall select students	3054
described in division (A)(4)(b) of this section by lot to receive	3055
any remaining scholarships.	3056

(5) A student who receives a scholarship under division (A)	3057
of this section remains an eligible student and may continue to	3058
receive scholarships under section 3310.032 of the Revised Code in	3059
subsequent school years until the student completes grade twelve,	3060
so long as the student satisfies the conditions specified in	3061
divisions (E)(2) and (3) of section 3310.03 of the Revised Code.	3062

Once a scholarship is awarded under this section, the student	3063
shall remain eligible for that scholarship for the current and	3064
subsequent school years, even if the student's family income rises	3065
above the amount specified in division (A) of section 3310.032 of	3066
the Revised Code, provided the student remains enrolled in a	3067
chartered nonpublic school.	3068

(B) In fiscal year 2015, to provide for the scholarships	3069
awarded under the expansion of the educational choice program	3070
established under section 3310.032 of the Revised Code. The number	3071
of scholarships awarded under the expansion of the educational	3072
choice program shall not exceed the number that can be funded with	3073
the appropriations made by the General Assembly for this purpose.	3074

COMMUNITY SCHOOL FACILITIES

3075

The foregoing appropriation item 200684, Community School	3076
Facilities, shall be used to pay each community school established	3077
under Chapter 3314. of the Revised Code that is not an internet-	3078
or computer-based community school and each STEM school	3079
established under Chapter 3326. of the Revised Code an amount	3080
equal to $100 for each full-time equivalent pupil for assistance	3081
with the cost associated with facilities. If the amount	3082
appropriated is not sufficient, the Department of Education shall	3083
prorate the amounts so that the aggregate amount appropriated is	3084
not exceeded.	3085

Section 6. That existing Section 263.320 of Am. Sub. H.B. 59	3086
of the 130th General Assembly, as amended by Am. Sub. H.B. 483 of	3087
the 130th General Assembly, is hereby repealed.	3088

Section 7. That Section 9 of Am. Sub. H.B. 487 of the 130th	3089
General Assembly be amended to read as follows:	3090

Sec. 9. (A) For the 2014-2015 school year, each school	3091
district, community school established under Chapter 3314., or	3092
STEM school established under Chapter 3326. of the Revised Code	3093
shall administer to third grade students, for purposes of section	3094
3313.608 of the Revised Code, the English language arts assessment	3095
required under division (A)(1)(a) of section 3301.0710 of the	3096
Revised Code to third grade students for purposes of section	3097
3313.608 of the Revised Code as follows:	3098

(1) For the fall administration of the assessment, each	3099
district or school shall administer the English language arts	3100
assessment for third graders that the school administered for the	3101
previous year under that section 3301.0710 of the Revised Code.	3102

(2) For the spring administration of the assessment to any	3103
student who fails to attain at least the score range prescribed by	3104
division (A)(3) of section 3301.0710 of the Revised Code, each	3105
district or school shall administer the English language arts	3106
assessment for third graders that the school administered for the	3107
previous year under section 3301.0710 of the Revised Code.	3108

(3) For the spring administration of the assessment to any	3109
student who has attained at least the score range prescribed by	3110
division (A)(3) of section 3301.0710 of the Revised Code, each	3111
district or school shall administer the English language arts	3112
assessment developed by the Partnership for Assessment of	3113
Readiness for College and Careers (PARCC).	3114

(B) TheFor the 2014-2015 school year, the Department shall	3115
use the assessments described in divisionsdivision (A)(1) and	3116
(2) of this section to calculate a district's or school's grades	3117
on the state report card prescribed by section 3302.03 of the	3118
Revised Code. However, notwithstanding anything to the contrary in	3119
the Revised Code, the Department shall not use the results of the	3120
third-grade English language arts assessments described in	3121
division (A) of this section in determining the performance index	3122
score of a school district or building.	3123

A school district or building shall be considered to have met	3124
the performance indicator for the third-grade English language	3125
arts assessment described in division (A) of this section, if at	3126
least eighty per cent of the tested students attain a score of	3127
proficient or higher on the assessment.	3128

Section 8. That existing Section 9 of Am. Sub. H.B. 487 of	3129
the 130th General Assembly is hereby repealed.	3130

Section 9. Notwithstanding division (G)(2) of section	3131
3301.0711 of the Revised Code, for the 2014-2015 school year only,	3132
the Department of Education or an entity with which the Department	3133
contracts for the scoring of the assessments prescribed by	3134
divisions (A)(1) and (B)(1) and (2) of section 3301.0710 of the	3135
Revised Code shall send to each school district board a list of	3136
the individual scores of all persons taking such an assessment for	3137
that school year not later than December 31, 2015.	3138

Section 10. For the 2014-2015 school year, for the state	3139
report card prescribed by section 3302.03 of the Revised Code,	3140
notwithstanding anything to the contrary in the Revised Code, the	3141
Department of Education shall calculate the performance index	3142
score and the performance indicators met report card measures	3143
based on the following assessments as follows:	3144

(A) For students enrolled in any of grades nine through	3145
twelve, the scores from the assessments administered under	3146
division (B)(1) of section 3301.0710 of the Revised Code.	3147

Any scores from assessments under division (B)(2) of section	3148
3301.0712 of the Revised Code taken by students in any of grades	3149
nine through twelve shall be reported only and shall not be	3150
included in the calculation of a letter grade for a school	3151
district or building's performance index or performance indicator	3152
score.	3153

(B) For students enrolled in grade eight or below, the scores	3154
from the assessments administered under division (B)(2) of section	3155
3301.0712 of the Revised Code.	3156

Section 11.  (A)(1) For the 2014-2015 school year, if a	3157
student is enrolled in an appropriate course under either of the	3158
dual enrollment programs described in former divisions (A)(1) or	3159
(4) of section 3313.6013 of the Revised Code, as it existed prior	3160
to September 17, 2014, in the area of physical science or biology,	3161
American history, or American government, that student shall not	3162
be required to take the physical science or biology, American	3163
history, or American government end-of-course examination,	3164
whichever is applicable, prescribed under division (B)(2) of	3165
section 3301.0712 of the Revised Code. Instead, that student's	3166
final course grade shall be used in lieu of the applicable	3167
end-of-course examination prescribed under that section.	3168

(2) For the 2014-2015 school year, if a student is enrolled	3169
in an appropriate course under the dual enrollment program	3170
described in former division (A)(3) of section 3313.6013 of the	3171
Revised Code, as it existed prior to September 17, 2014, in the	3172
area of physical science or biology, American history, or American	3173
government, that student shall either:	3174

(a) Take the applicable examination under that dual	3175
enrollment program in lieu of the physical science or biology,	3176
American history, or American government end-of-course	3177
examination, whichever is applicable, prescribed under division	3178
(B)(2) of section 3301.0712 of the Revised Code;	3179

(b) Not be required to take the physical science or biology,	3180
American history, or American government end-of-course	3181
examination, whichever is applicable, prescribed under division	3182
(B)(2) of section 3301.0712 of the Revised Code. Instead, that	3183
student's final course grade shall be used in lieu of the	3184
applicable end-of-course examination prescribed under that	3185
section.	3186

Divisions (A)(1) and (A)(2)(b) of this section shall apply	3187
only to courses for which students receive transcripted credit, as	3188
defined in division (U) of section 3365.01 of the Revised Code.	3189
Neither division shall apply to remedial or developmental courses.	3190

(B) For purposes of this section:

3191

(1) The State Board of Education shall specify the score	3192
levels for each examination required under this section for	3193
purposes of calculating the minimum cumulative performance score	3194
that demonstrates the level of academic achievement necessary to	3195
earn a high school diploma.	3196

(2) The Superintendent of Public Instruction and the	3197
Chancellor of the Ohio Board of Regents jointly shall adopt	3198
guidelines for purposes of calculating the minimum final course	3199
grade that demonstrates the level of academic achievement	3200
necessary to earn a high school diploma.	3201

Section 12.  Notwithstanding section 3302.03 of the Revised	3202
Code, the Department of Education shall issue grades as described	3203
in division (E) of section 3302.03 of the Revised Code for each of	3204
the performance measures prescribed in division (C)(1) of that	3205
section for the 2014-2015 school year not later than January 15,	3206
2016.	3207

Section 13.  Notwithstanding anything to the contrary in	3208
section 3302.035 of the Revised Code, the Department of Education	3209
shall issue the reports required under that section on the	3210
performance measures for a school district's or school's students	3211
with disabilities subgroup, using data from the 2014-2015 school	3212
year, not later than January 15, 2016.	3213

For each school year thereafter, the Department shall issue	3214
those reports on the first day of October as required under that	3215
section.	3216

Section 14.  Not later than November 1, 2015, the State Board	3217
of Education shall make a recommendation on whether or not to	3218
extend by one year the safe harbor provisions prescribed by	3219
section 3302.036 of the Revised Code and Section 13 of Am. Sub.	3220
H.B. 487 of the 130th General Assembly.	3221

Section 15.  Notwithstanding section 3302.21 of the Revised	3222
Code, for the 2014-2015 school year only, the Department of	3223
Education shall not rank school districts, community schools, and	3224
STEM schools according to the performance measures prescribed in	3225
divisions (A)(1), (2), and (5) of that section. However, the	3226
Department shall rank districts and schools according to the	3227
measures prescribed in divisions (A)(3) and (4) of that section	3228
for the 2014-2015 school year not later than January 15, 2016.	3229

Section 16. Notwithstanding section 3302.22 of the Revised	3230
Code, the State Board of Education may adopt a resolution excusing	3231
the Department of Education from determining the top ten per cent	3232
of schools for the Governor's Effective and Efficient Schools	3233
Recognition Program under section 3302.22 of the Revised Code for	3234
the 2014-2015 school year.	3235