Chapter 3301-102 Community Schools

3301-102-01 Purpose.

The purposes of this chapter are to define the criteria for sponsorship of a community school and to set forth the roles and responsibilities of the state board of education, the Ohio department of education, all community school sponsors, and all governing authorities and their community schools, as well as to clarify their relationships with each other.

Effective: 06/27/2013
R.C. 119.032 review dates: 04/08/2013 and 06/27/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.015 , 3314.016 , 3314.08 , Section 7 of Am. HB 364 of the 124th General Assembly
Rule Amplifies: Chapter 3314. of the Revised Code, Section 7 of Am. HB 364 of the 124th General Assembly
Prior Effective Dates: 7/7/2003, 7/24/2010

3301-102-02 Definitions.

The following terms are defined as they are used in the rules in this chapter:

(A) "Administrative services" means services designed to accomplish reasonably expected functions of a public school's daily operations, including, but not limited to, services provided by a superintendent, principal, treasurer, school psychologist, or data coordinator.

(B) "Challenged school district" means any of the following:

(1) A school district that is part of the pilot project area;

(2) A school district that meets one of the following conditions:

(a) On the effective date of this rule, the district was in a state of academic emergency or in a state of academic watch under section 3302.03 of the Revised Code, as that section existed prior to the effective date of this rule;

(b) For two of the 2012-2013, 2013-2014, and 2014-2015 school years, the district received a grade of "D" or "F" for the performance index score and a grade of "F" for the value-added progress dimension under section 3302.03 of the Revised Code;

(c) For the 2015-2016 school year and for any school year thereafter, the district has received an overall grade of "D" or "F" under division (C)(3) of section 3302.03 of the Revised Code, or, for at least two of the three most recent school years, the district received a grade of "F" for the value-added progress dimension under division (C)(1)(e) of that section;

(3) A big-eight school district;

(4) A school district ranked in the lowest five per cent of school districts according to performance index score under section 3302.21 of the Revised Code.

(C) "Chief administrative officer" means the individual assigned the role of superintendent in the Ohio educational directory system -redesign (OEDS-R) or its successor system.

(D) "Conflict of interest" has the same meaning as set forth in Chapters 102. and 2921. of the Revised Code.

(E) "Community school" means a public school created under Chapter 3314. of the Revised Code, independent of any school district and part of the state's program of education.

(F) "Community school contract" means a written agreement and any amendments thereto, between the sponsor and the governing authority of a community school that establishes the duties, rights and responsibilities of both parties in accordance with all sections of the Revised Code and all rules of the Administrative Code that are applicable to sponsors and community schools.

(G) "Conversion school" means a community school created by converting all or a portion of an existing traditional public school or building operated by an educational service center or joint vocational school district to a community school.

(H) "Department" means the Ohio department of education.

(I) "Eligible applicant" means any of the following:

(1) The board of education of the district in which the school is proposed to be located;

(2) The board of education of any joint vocational school district with territory in the county in which is located the majority of the territory of the district in which the school is proposed to be located;

(3) The board of education of any other city, local, or exempted village school district having territory in the same county where the district in which the school is proposed to be located has the major portion of its territory;

(4) The governing board of any educational service center, as long as the proposed school will be located in a county within the territory of the service center or in a county contiguous to such county;

(5) The board of trustees of any of the thirteen state universities listed in section 3345.011 of the Revised Code [university of Akron, Bowling Green state university, Central state university, university of Cincinnati, Cleveland state university, Kent state university, Miami university, Ohio university, the Ohio state university, Shawnee state university, university of Toledo, Wright state university, and Youngstown state university], or a sponsoring authority designated by any such board of trustees, as long as a contractually specified mission of the proposed community school will be the practical demonstration of teaching methods, educational technology, or other teaching practices that are included in the university's teacher preparation program approved by the state board;

(6) Any qualified tax-exempt applicant under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3) (January 2009), if all of the following conditions are satisfied:

(a) The applicant has been in operation for at least five years prior to the application date;

(b) The applicant has net assets of at least five hundred thousand dollars that are owned by the applicant and verifiable by an audited financial statement provided by a certified public accountant and has demonstrated a record of financial responsibility;

(c) The state board has determined that the applicant is an education-oriented entity;

An education-oriented entity is one that has been

(i) Granted a federal non-profit certificate; and is

(ii) Organized for one or more of the following purposes:

(a) Supporting and/or directly providing educational services and/or programs aimed at the ultimate goal of obtaining a diploma or GED; or

(b)Promoting career and college readiness among persons eligible to attend a K-12 program.

The state board will determine on a case-by-case basis whether an applicant is organized for one of the purposes stated in the this paragraph. In making this determination, the state board shall consider, but not be limited to, the following criteria:

(i) Applicant's mission, organizational goals and strategic plan, in the event the applicant has a strategic plan;

(ii) Activities that the applicant routinely engages in and/or that routinely take place in the course of a typical business day;

(iii) Applicant's historical record of providing or supporting academic and/or vocational programs; and

(iv) Applicant's agreements with third-party service providers regarding the provision of academic and/or vocational programs.

(d) The state board has determined that the applicant has a demonstrated record of successfully implementing educational programs; and

Demonstration of the applicant's successful implementation of educational programs shall be supported by outcome data related to the goals of the applicant's educational programs and may also include process measures, financial measures and other indicators of added value to the program participants and others; and

(e) The applicant is not a community school.

An applicant may meet the requirement regarding its status as a tax-exempt entity by successfully showing that it falls under a parent organization that has obtained tax-exempt status under section 501(c) of the Internal Revenue Code for itself and its affiliated entities; however, all other eligibility criteria in this chapter must be met by the applicant itself and not the parent organization.

(J) "EMIS" (education management information system) The education management information system provides the architecture and standards for reporting data to the Ohio department of education. EMIS is the statewide data collection system for Ohio's primary and secondary education system. Staff, student, district, building, and financial data are collected through this system. The source data for Ohio's accountability and funding systems are the EMIS data files. In addition, these files are utilized for many other state and federal requirements.

(K) "Governing authority" means for new start-up community schools a board of not less than five individuals, and for conversion community schools, a board of not less than three individuals , who are charged with the responsibility of establishing policies and procedures for the operation and management of a new start-up or conversion community school and responsible for carrying out all of the provisions of a community school contract. The following stipulations apply to members of a governing authority:

(1) No person shall serve on the governing authority or operate the community school under contract with the governing authority so long as the person owes the state any money or is in a dispute over whether the person owes the state any money concerning the operation of a community school that has closed;

(2) No person shall serve on the governing authorities of more than five start-up community schools at the same time; and

(3) No present or former member, or immediate relative of a present or former member of the governing authority of any community school established under Chapter 3314. of the Revised Code shall be an owner, employee or consultant of any nonprofit or for-profit operator of a community school, as defined in section 3314.014 of the Revised Code, unless at least one year has elapsed since the conclusion of the person's membership.

(L) "Immediate relatives" means spouses, children, parents, grandparents, siblings, and in-laws.

(M) "Learning opportunity" means classroom-based or non-classroom-based supervised instructional and educational activities that are defined in the community school's contract and are

(1) Provided by or supervised by a licensed teacher;

(2) Goal oriented; and

(3) Certified by a licensed teacher as meeting the criteria established for completing the learning opportunity.

(N) "New start-up school" has the same meaning as defined in division (A)(5) of section 3314.02 of the Revised Code.

(O) "Pilot project area" means the school districts included in the territory of the former community school pilot project established by section 50.52 of Am. Sub. H.B. No. 215 of the 122nd General Assembly . This "pilot project area" includes the entire territory of any school district having the majority of its territory in Lucas County.

(P) "Preliminary agreement" means a written agreement and any amendments thereto, between a proposing person or group and a sponsor that sets forth the intention of both parties to negotiate in good faith towards the execution of a community school contract in accordance with Chapter 3314. of the Revised Code.

(Q) "Site visit" means a visit in person by a representative of the sponsor, or of the department, on-site at the location of the school with the school administrator, fiscal officer, and/or member(s) of the governing authority to review and verify contractual, local, state and federal compliance as to the following matters, including, but not limited to: health and safety, educational program, including provision of student learning opportunities as referenced in division (A)(23) of section 3314.03 of the Revised Code and as defined in pargraph (M) of this rule, student state-required academic assessment(s), fiscal operations, governance and administration, and other assessment and accountability measures, as defined in the community school's contract.

(R) SOES (School options enrollment system) The SOES or its successor system is the EMIS subsystem that drives funding for students in community schools and STEM Schools. This Web application is used to enter and review student enrollment and demographic data to form the basis for the flow of funds to community schools and STEM schools. School personnel enter data in the SOES and traditional public school personnel review, verify, or challenge that data.

(S) "Sponsor" means any of the following:

(1) An eligible entity that has been approved by the department to sponsor new start-up community schools and that has entered into a sponsorship agreement with the department regarding the manner in which it will conduct its sponsorship; or

(2) An entity that is exempted by section 3314.021 or 3314.027 of the Revised Code from obtaining approval or;

(3) A city, local, or exempted village school district, educational service center, or joint vocational school district that has entered into a community school contract to sponsor a conversion community school.

(T) "Sponsor capacity" means an organization's capability of providing sufficient technical assistance, oversight, and monitoring, consistent with sponsor duties defined in division (D) of section 3314.03 of the Revised Code, which includes taking steps to intervene in a school's operations to ensure that the community schools it sponsors will meet all legally mandated fiscal, academic, and operational requirements.

(U) "Sponsor oversight" means actions taken by the sponsor to fulfill its legal obligations to monitor all aspects of a school's fiscal, academic and operational performance, including, but not limited to, compliance with applicable rules,laws, and all terms of the community school's contract.

(V) "Sponsorship agreement" means a written agreement, and any amendments thereto, between the department and a sponsor which establishes the duties, rights and responsibilities of both parties in accordance with all sections of the Revised Code and all rules of the Administrative Code that are applicable to sponsors and community schools.

(W) "State board" means the state board of education.

(X) "Technical assistance" means the provision of targeted and customized supports by professionals with subject matter expertise relevant to the operations of a community school toward successfully fulfilling its obligations under applicable rules, laws and the terms of its community school contract.

Effective: 06/27/2013
R.C. 119.032 review dates: 04/08/2013 and 06/27/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.015 , 3314.016 , 3314.08 , Section 7 of Am. Sub HB 364 of the 124th General Assembly
Rule Amplifies: Chapter 3314. of the Revised Code, Section 7 Am. Sub HB 364 of 124th General Assembly
Prior Effective Dates: 7/7/2003, 5/19/2006, 4/19/2008, 7/24/10

3301-102-03 Approval of sponsors.

(A) The department shall establish the annual application and approval process, including cycles and deadlines during the fiscal year, for eligible entities that may become sponsors of new start-up community schools in challenged school districts and post that information on the department's website (education.ohio.gov) by July first each year.

(B) An eligible entity shall obtain a written application from the department to become a sponsor and shall complete it and submit it to the department no later than the deadlines posted on the department's website.

(C) Confirmation of applications received shall be posted on the department's website.

(D) The department shall provide written notice to each applicant of the department's approval or reasons for disapproval of each application after completion of the department's review process.

(E) An applicant shall provide as part of its initial written application, as well as during the application review process, evidence requested and deemed necessary by the department, including, but not limited to, evidence of its capacity as a sponsor and willingness to do all of the following:

(1) Demonstrate that the applicant is an eligible entity capable of sponsoring a new start-up school(s) to be located in a challenged school district(s);

(2) Demonstrate that if the applicant sponsors or operates schools in another state, at least one of the schools sponsored or operated by the applicant must be rated comparable to or better than the performance of Ohio schools rated in continuous improvement or its successor equivalent rating under section 3302.03 of the Revised Code;

(3) Demonstrate, it its application that the applicant or its representative(s) possess the requisite skills, professional knowledge and expertise to, provide technical assistance and monitor, oversee, and hold accountable for compliance with all applicable laws, rules, and terms of the community school contract foreach community school that it proposes to sponsor;

(4) Demonstrate the applicant's specific willingness to comply with all other sections of the Revised Code and all rules of the Administrative Code which are applicable to sponsors and community schools .

(F) Any applicant that has been approved to act as a sponsor of a community school shall enter into a sponsorship agreement with the department regarding the manner in which the applicant shall conduct such sponsorship before it enters into any preliminary agreement or community school contract.

(G) The decision of the department to disapprove an applicant for sponsorship of a community school may be appealed by the applicant in accordance with section 119.12 of the Revised Code.

Effective: 06/27/2013
R.C. 119.032 review dates: 04/08/2013 and 06/27/2018
Promulgated Under: 119.03
Statutory Authority: 3314.015 , 3314.016 , 3314.08 , Section 7 of Am. Sub HB 364 of the 124th General Assembly
Rule Amplifies: Chapter 3314. of the Revised Code, Section 7 of Am. Sub HB 364 of the 124th General Assembly
Prior Effective Dates: 7/7/2003, 5/19/2006, 4/19/2008, 10/31/2000

3301-102-04 Sponsorship agreement.

(A) The duties and responsibilities of a sponsor of a new start-up community school in a challenged school district shall be specified in a sponsorship agreement with the department . In addition to duties of the sponsor specified in the Revised Code and Administrative Code, duties and responsibilities include, but are not limited to, the following:

(1) Attend training sessions as required by the department, and assure that technical assistance is provided to the community school(s) that it sponsors;

(2) A sponsor shall not require a community school to purchase additional services from the sponsor. A community school's accepting, purchasing, subscribing to, or otherwise using any additional services and the associated fees offered by a sponsor shall be accompanied by the written assurances of the sponsor that the additional administrative services being provided:

(a) Pose no conflict of interest in accordance with Chapters 102. and 3301. of the Revised Code, and related statutory provisions, and;

(b) Shall be obtained at the lowest and best price at or below market value, as evidenced by two written price quotations from vendors not including that of the sponsor, or;

(c) If the community school accepts the sponsor's offer to provide the additional administrative services which was not the lowest written price quotation, the sponsor has received the community's school's justification, in writing, for not selecting the lowest written price quotation, which shall be approved and adopted by the community school's governing board by resolution.

All documentation required by paragraph

(A) (3) of this rule shall be provided to the department upon request;

(3) Monitor and evaluate the community school's compliance with all laws and rules applicable to the community school and with the terms of the preliminary agreement and the community school contract;

(a) Conduct comprehensive site visits to the community school as necessary, but at least twice annually while classes are in session; and

(b) Make written reports of all information obtained during site visits, and provide written reports of all site visits to the department upon request.

(4) Upon request of the department, provide current documentation of the sponsor's capacity to monitor and provide technical assistance to each community school that it sponsors concerning the community school's compliance with all laws and rules applicable to the community school's operations.

(B) The sponsorship agreement between the department and the sponsor shall include:

(1) The number of preliminary agreements and community school contracts into which a sponsor may enter;

(2) The geographic area in which the entity shall have authority to sponsor new start-up community schools; and

(3) The term of the agreement.

Initially, the conditions and term of the first sponsorship agreement entered into between the department and a newly approved applicant shall be based upon the entity's capacity as demonstrated in its sponsorship application. Sponsors may seek to modify their agreement with the department prior to the expiration of the term of the agreement as well as at the time of the agreement's renewal. The department's decisions regarding modification requests will be based upon the department's assessment of the sponsor performance review and sponsor metrics reported for all sponsors by the department and as specified in statute. The department shall consider such proposed modifications in a timely manner.

(C) The term of the sponsorship agreement shall be specified in the sponsorship agreement . At least one hundred eighty days prior to the expiration of the sponsorship agreement term, the sponsor shall notify the department as to its intent regarding the renewal of its sponsorship agreement, but nothing in the agreement precludes the sponsor from seeking an earlier sponsor agreement renewal decision from the department. In any case when a sponsor becomes unwilling or unable to fulfill the obligations under the sponsorship agreement, a sponsor shall notify the department at least one hundred eighty days prior to any termination of the agreement.

(D) A sponsor shall not enter into any new or successor community school contract which has a term exceeding the term of the sponsorship agreement. If the sponsorship agreement is renewed, a new term shall be specified in the renewed sponsorship agreement based upon the entity's capacity and its effectiveness as a sponsor as assessed by the department's review of the sponsor's performance during the preceding term of the sponsorship agreement.

(E) The department may require actions of the sponsor to correct deficiencies in the sponsor's compliance with its obligations in rule and/or law and may impose restrictions on the conditions of the sponsorship agreement if such deficiencies are not remedied in a reasonable time based on the circumstances.

Effective: 06/27/2013
R.C. 119.032 review dates: 04/08/2013 and 06/27/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.015 , 3314.08 , Section 7 of Am Sub HB 364 of the 124th General Assembly
Rule Amplifies: Chapter 3314. of the Revised Code, Section 7 of Am Sub HB 364 of the 124th General Assembly
Prior Effective Dates: 7/7/2003, 5/19/06, 4/19/08, 10/31/10

3301-102-05 Monitoring and reporting requirements for all sponsors.

(A) The monitoring and reporting duties and responsibilities of all community school sponsors include, but are not limited to, the following:

(1) Verification through site-visit prior to the community school's opening for instruction and provision in writing of the annual assurances for each sponsored school no later than ten business days prior to the opening of the school as required by section 3314.19 of the Revised Code

(2) Monitor, evaluate and report the community school's compliance with all laws and rules applicable to the community school and with the terms of the preliminary agreement and the community school contract, including, but not limited to, the following:

(a) Conduct comprehensive site visits to the community school as necessary, but at least twice annually while classes are in session; and

(b) Make written reports of all information obtained during site visits, and provide written reports of all site visits to the department upon request.

(3) Monitor and evaluate the academic and fiscal performance and the organization and operation as well as the legal compliance of the community school, and submit a written report of the evaluation results to the parents of students enrolled in the community school and to the department by November thirtieth of each year;

(4) Notify the department within one business day of a community school's failure to comply with applicable state or federal laws, rules, or contractual requirements, as well as any financial difficulties, if such failure to comply or financial difficulties occur and may result in the sponsor's determination to declare the community school to be on probationary status, to suspend the operation of the community school, or to terminate the community school contract. In such circumstances, the sponsor shall provide written notice to the department within thirty days of the community school's noncompliance or financial difficulties specifying the exact nature of the problem and the plan for and status of any resolution.

(5) Upon request of the department, and when participating in the department's review of sponsor performance, provide an update demonstrating that the sponsor and its representative(s), including those it engages, possess the requisite skills, professional knowledge and expertise to monitor and provide technical assistance to each community school under its sponsorship.

(6) Comply with the financial reporting requirements as established by the department and report the financial record separately for each community school that the entity sponsors in accordance with applicable accounting standards and as prescribed by all applicable sections of the Revised Code and rules of the Administrative Code;

(7) Have in place a written plan of action to be undertaken in the event that the community school experiences financial difficulties or closes prior to the end of a school year, consistent with requirements of division (E) of section 3314.015 of the Revised Code including, but not limited to, the handling of facilities, equipment, materials, supplies, employees, students, school records, which include student records that are consistent with section 3314.44 of the Revised Code, and address any other obligations of the community school and submit the written plan to the department upon request.

(B) A sponsor shall notify the department in writing within twenty-four hours of the execution of each preliminary agreement or community school contract.

(C) A sponsor shall submit a copy of each preliminary agreement, community school contract adoption resolution, executed community school contract, and any amendments thereto, in the format required by the department to the department within ten business days of executing any such agreement, contract or amendments.

(D) Sponsors shall respond in a timely manner to reasonable requests from the department for information, data, and documents.

Effective: 06/27/2013
R.C. 119.032 review dates: 04/08/2013 and 06/27/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.015 , 3314.08 , Section 7 of Am Sub HB 364 of the 124th General Assembly
Rule Amplifies: Chapter 3314. of the Revised Code, Section 7 of Am Sub HB 364 of the 124th General Assembly
Prior Effective Dates: 7/7/03, 5/19/06, 4/19/08, 7/24/10

3301-102-06 Payments, adjustments and deductions for community schools.

Instructions regarding the flow of state foundation funds for all new and continuing community schools shall be found in the manuals for SOES/EMIS (school options enrollment system/education management information system) or their successor systems, which shall be made available on the department's website (education.ohio.gov).

Effective: 06/27/2013
R.C. 119.032 review dates: 04/08/2013 and 06/27/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.015 , 3314.08 , 3317.02 , Section 7 of Am Sub HB 364 of the 12rth General Assembly
Rule Amplifies: Chapter 3314. of the Revised Code, 3317.02 , Section 7 of Am Sub HB 364 of the 124th General Assembly
Prior Effective Dates: 7/7/03, 4/19/08, 7/24/2010

3301-102-07 Revocation of sponsorship authority.

(A) The department shall notify the sponsor within a reasonable time under the circumstances that it intends to seek a finding by the state board of education that the sponsor is non-compliant pursuant to the criteria in section 3314.015 of the Revised Code, other criteria for sponsorship contained in Chapter 3314. of the Revised Code, the sponsorship agreement, or criteria in the Administrative Code. The notice shall give the sponsor ten business days to submit a corrective action plan to the department. The department shall determine whether the corrective action plan demonstrates a satisfactory remedy for the deficiencies. If the corrective action plan is not satisfactory, the department may elect to seek a finding of non-compliance from the state board of education.

(B) Notwithstanding paragraph (A) of this rule, the state board may make a finding any time the state board finds that a sponsor is not in compliance with, or is no longer willing to comply with, any of the following:

(1) Any section of the Revised Code or any rule of the Administrative Code that is applicable to sponsors or community schools;

(2) The sponsorship agreement to which it is a party; or

(3) Any community school contract to which it is a party.

(C) The state board shall notify the sponsor and all of the community schools that it sponsors within ten business days of its finding. If the state board of education makes a finding pursuant to paragraph (B) of this rule, it shall notify the sponsor of its decision in accordance with Chapter 119. of the Revised Code.

(D) If the request for a hearing is received within ten business days, the state board or its designee shall conduct a hearing on that matter in accordance with Chapter 119. of the Revised Code.

(E) Upon conclusion of the hearing, if conducted by the state board, or upon consideration of a designated hearing officer's report and recommendation, the state board may confirm, modify, or reverse itsfinding. If the finding is confirmed, the department may revoke the sponsor's authority to sponsor community schools. If the department decides to revoke the sponsor's authority, it shall issue a notice to the sponsor of its right to appeal in accordance with Chapter 119. of the Revised Code.

(F) In accordance with section 3314.015 of the Revised Code, the department may assume the sponsorship of any community school(s) with which the sponsor has contracted until the earlier of the expiration of two school years or until a new sponsor as described in division (C)(1) of section 3314.02 of the Revised Code is secured by the community school's governing authority.

(G) The resolution of the state board confirming the revocation of the sponsor's authority to sponsor community schools may be appealed by the sponsor in accordance with section 119.12 of the Revised Code. The department's decision to revoke a sponsor's authority to sponsor community schools may be appealed by the sponsor in accordance with section 119.12 of the Revised Code. In the event the department or the office of school sponsorship or its successor assumes the sponsorship of any community school(s) with which the sponsor holds current community school contracts, the department will have the authority, rights and responsibilities of a sponsor pursuant to Chapter 3314. of the Revised Code including, but not limited to, providing monitoring and technical assistance and, as needed, the authority to place said community school(s) on probation, suspend, or terminate a contract pursuant to Chapter 3314. of the Revised Code.

Effective: 06/27/2013
R.C. 119.032 review dates: 04/08/2013 and 06/27/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.015 , 3314.08 , Section 7 of Am Sub HB 364 of the 124th General Assembly
Rule Amplifies: Chapter 3314. of the Revised Code, Section 7 of Am Sub HB 364 of the 124th General Assembly
Prior Effective Dates: 7/7/03

3301-102-09 Approving applications for new internet- or computer-based community schools.

(A) Up to five new internet- or computer-based community schools may open each year, subject to approval by the state superintendent of public instruction. The department of education shall develop a process for approving internet- or computer-based community school applications pursuant to the requirements described in section 3314.013 of the Revised Code.

(1) An internet- or computer-based community school is defined in section 3314.02 of the Revised Code as a community school in which the enrolled students work primarily from their residences on assignments in non-classroom-based learning opportunities provided via an internet- or other computer-based instructional method that does not rely on regular classroom instruction or via comprehensive instructional methods that include internet-based, other computer-based, and non-computer-based learning opportunities;

(2) Online community school and eschool have the same meaning as internet- or computer-based community school.

(B) The application, directions for completion and submission, as well as the review, selection and notification processes shall be posted on the department's website at education.ohio.gov along with a list of applications received and their review and outcome status.

(C) The application shall include measures for determining the experience and quality of applicants to develop new internet- or computer-based community schools. Pursuant to section 3314.013 of the Revised Code, such measures shall include the following:

(1) The sponsor's experience with online schools, which shall include, but not be limited to, the following:

(a) The number of years and number of online schools for which the sponsor provided monitoring and technical assistance since the inception of such activities; and

(b) The degree to which the online schools met Ohio's operating standards for online schools (October 2011, education.ohio.gov), upon the effective date of those standards;

(2) The operator's experience with online schools, which shall include but not be limited to, the following:

(a) The operator's experience managing the daily operations of an online school or providing programmatic oversight and support to an online school since the inception of such activities, and

(b) The degree to which the online schools met Ohio's operating standards for online schools (October 2011, education.ohio.gov), upon the effective date of those standards.

(3) The sponsor's schools' records of academic performance in all years under its sponsorship including the following:

(a) Assessment of the sponsor's schools' student performance, as aligned with the evaluation system described in section 3314.016 of the Revised Code; and

(b) Report cards and performance ratings issued for the sponsor's community schools under section 3302.03 of the Revised Code;

(4) The operator's affiliated schools' records of academic performance in all years under its operation as measured by the following:

(a) Report cards and performance ratings issued for the sponsor's community schools under section 3302.03 of the Revised Code; and

(b) Comparable performance ratings of out-of-state schools with which the operator has experience.

(5) A preference for operators with previous experience in Ohio;

(D) The state superintendent of public instruction (or his/her designee) shall notify applicants of new internet- or computer-based community schools whether their application was approved or disapproved not later than July first for each applicable year.

(E) A new internet- or computer-based community school approved for opening for the 2013-2014 school year under division (B) of section 3314.013 of the Revised Code may open and operate in that school year regardless of whether it has complied with the community school contract and opening dates. For each school year thereafter, the school shall comply with all applicable provisions of section 3314.02 of the Revised Code.

Effective: 05/24/2013
R.C. 119.032 review dates: 05/24/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.013
Rule Amplifies: 3314.013

3301-102-10 Dropout prevention and recovery academic performance rating and report card system.

(A) A dropout prevention and recovery school is one to which any of the following applies:

(1) Any community school that operates a drug recovery program in cooperation with a court; or

(2) Any community school in which the majority of students are enrolled in a dropout prevention and recovery program operated by the school that meets the following criteria:

(a) The program serves only students not younger than sixteen years of age and not older than twenty-one years of age;

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

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

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

(e) The program provides counseling and support for the student related to the plan developed under division (A)(4) of that section during the remainder of the student's high school experience; and

(f) The program's instructional plan demonstrates how the academic content standards adopted by the state board of education under section 3301.079 of the Revised Code will be taught and assessed; or

(3) Any conversion community school whose sponsoring district has received a waiver from having the school's academic data rolled up into the district's local report card because the school primarily enrolls students between sixteen and twenty-two years of age who dropped out of high school or are at risk of dropping out of high school due to poor attendance, disciplinary problems, or suspensions.

(B) Pursuant to section 3314.017 of the Revised Code, the state board of education shall prescribe an academic performance rating, benchmark and report card system for community schools that primarily serve students enrolled in dropout prevention and recovery programs as described in division (A)(4)(a) of section 3314.35 of the Revised Code, to be used in lieu of the system prescribed under sections 3302.03 and 3314.012 of the Revised Code, beginning with the 2012-2013 school year. Each such school shall comply with the testing and reporting requirements of the system as prescribed by the state board.

(C) Nothing in this rule and the academic performance rating, benchmark and report card system prescribed by the state board shall relieve a school from its obligations under the "No Child Left Behind Act of 2001" to make "adequate yearly progress" as defined in section 3302.01 of the Revised Code, or a school's amenability to the provisions of section 3302.04 or 3302.041 of the Revised Code. The department shall continue to report each school's performance as required by the act and enforce applicable sanctions under section 3302.04 or 3302.041 of the Revised Code.

(D) The academic performance rating, benchmark and report card system shall use the following performance indicators:

(1) Graduation rates for the four year student graduation cohort:

(a) A performance rating for the four year student graduation cohort of thirty per cent or higher means that the school earns the rating of "exceeds standards" on this indicator;

(b) A performance rating of at least seven per cent and no higher than twenty-nine point nine per cent means that the school earns the rating of "meets standards" on this indicator; and

(c) A rating of less than seven per cent means that the school receives the rating of "does not meet standards" for this indicator;

(2) Graduation rates for the five, six, seven and eight year student graduation cohorts:

(a) A performance rating of thirty-nine per cent or higher means that the school earns the rating of "exceeds standards" on these graduation rates;

(b) A performance rating of at least twelve per cent and no higher than thirty-eight point nine per cent means that the school earns the rating of "meets standards" on these graduation rates; and

(c) A rating of less than twelve per cent means that the school receives the rating of "does not meet standards" for these graduation rates.

(3) Passage rate for twelfth-grade students currently enrolled in the school who have attained the designated passing score on all of the applicable state high school achievement assessments required under division (B)(1) or (B)(2) of section 3301.0710 of the Revised Code and other students enrolled in the school, regardless of grade level, who are within three months of their twenty-second birthday and have attained the designated passing score on all of the applicable state high school achievement assessments by their twenty-second birthday:

(a) A performance rating of fifty-nine per cent or higher means that the school earns a rating of "exceeds standards";

(b) A performance rating of at least eighteen per cent and no higher than fifty-eight point nine per cent means that the school earns a rating of "meets standards"; and

(c) A performance rating of less than eighteen per cent means that the school receives the rating of "does not meet standards";

(4) Annual measurable objectives as defined in section 3302.01 of the Revised Code;

(a) A performance rating of thirty-three per cent or higher means that the school earns a rating of "exceeds standards";

(b) A performance rating of at least five per cent and no higher than thirty-two point nine per cent means that the school earns a rating of "meets standards"; and

(c) A performance rating of less than five per cent means that the school receives the rating of "does not meet standards";

(E) It is the intention of the state board of education to, not later than March 30, 2015, based on an analysis of data pursuant to division (F) of section 3314.017 of the Revised Code, review performance levels for each established benchmark as prescribed in section 3314.017 of the Revised Code and amend those benchmarks, if the data analysis warrants a revision.

Effective: 06/23/2013
R.C. 119.032 review dates: 06/23/2018
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.017
Rule Amplifies: 3314.017

3301-102-11 Dropout prevention and recovery schools' assessment of growth in student achievement.

(A) Pursuant to the development of the dropout prevention and recovery academic performance rating and report card system as required under section 3314.017 of the Revised Code and described in rule 3301-102-10 of the Administrative Code, dropout prevention and recovery community schools shall report assessment data to measure growth in student achievement in reading and in mathematics.

(B) The assessments required to be used by dropout prevention and recovery community schools shall be selected by the state board of education through a competitive bidding process.

(1) For the 2014-2015 school year, notice of the department's selection of the assessment and test vendor, as well as information regarding the processes and procedures to obtain, administer and report these assessments for reading and mathematics shall be communicated to the schools and made available on the department's website (education.ohio.gov);

(2) For the 2015-2016 school year and beyond, any changes in the required assessments for reading and mathematics shall be communicated to the schools and the information made available on the department's website (education.ohio.gov).

(C) For the 2014-2015 school year, in the absence of national norms for assessments in reading and mathematics for students enrolled in dropout prevention and recovery programs, the department shall develop a growth measure based upon value-added progress dimension, as defined in division (A)(1)(e) of section 3302.03 of the Revised Code.

(1) Gain scores for both reading and mathematics shall be calculated and used to form a composite gain score for the school annually;

(2) The gains scores shall use up to three years of measured progress data, as available, to form the composite gain score.

(D) Ratings shall be assigned as follows:

(1) A school shall receive a rating of "exceeds standards' if the composite gain score is at least two standard errors of measure above the mean score;

(2) A school shall receive a rating of "meets standards" if the composite gain score is less than two standard errors of measure above the mean score and greater than or equal to two standard errors of measure below the mean score;

(3) A school shall receive a rating of "does not meet standards" if the composite gain score is not greater than two standard errors of measure below the mean score.

Effective: 07/03/2014
R.C. 119.032 review dates: 07/03/2019
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.017
Rule Amplifies: 3314.017

3301-102-12 Standards for awarding an overall report card designation to dropout prevention and recovery community schools.

(A) Beginning with the 2014-2015 school year, and annually thereafter, dropout prevention and recovery community schools described in division (A)(4)(a) of section 3314.35 of the Revised Code shall be awarded an overall designation on the report card.

(B) Standards for awarding a dropout prevention and recovery community school shall be calculated as follows:

(1) Thirty per cent of the score shall be based on the graduation rates as described in division (C)(1) of section 3314.017 of the Revised Code that are applicable to the school year for which the overall designation is granted;

(2) Thirty per cent of the score shall be based on the measures of growth in student achievement in reading and mathematics as described in division (C)(4) of section 3314.017 of the Revised Code that are applicable to the school year for which the overall designation is granted;

(3) Twenty per cent of the score shall be based the percentage of twelfth-grade students currently enrolled in the school who have attained the designated passing score on all of the applicable state high school achievement assessments required under division (B)(1) or (B)(2) of section 3301.0710 of the Revised Code and other students enrolled in the school, regardless of grade level, who are within three months of their twenty-second birthday and have attained the designated passing score on all of the applicable state high school achievement assessments by their twenty-second birthday, as described in division (C)(2) of section 3314.017 of the Revised Code;

(4) Twenty per cent of the score shall be based on the annual measurable objectives as defined in section 3302.01 of the Revised Code and described in division (C)(3) of section 3314.017 of the Revised Code;

(5) If both of the graduation rate and assessment passage rate indicators described in divisions (B)(1) and (B)(3) of this rule improve by ten per cent for two consecutive years, a school shall be rated as not less than "meets standards."

(C) The points awarded for each indicator's rating shall be calculated as follows:

(1) A school that receives an indicator rating of "Exceeds standards" for graduation rates or growth in reading and mathematics shall receive a score of "30" points for each of those categories of indicators;

(2) A school that receives an indicator rating of "Exceeds standards" for assessment passage or annual measurable objectives shall receive a score of "20" points for each of those categories of indicators;

(3) A school that receives an indicator rating of "Meets standards" for graduation rates or growth in reading and mathematics shall receive a score of "20" points for each of those categories of indicators;

(4) A school that receives an indicator rating of "Meets standards" for assessment passage or annual measurable objectives shall receive a score of "10" points for each of those categories of indicators;

(5) A school that receives an indicator rating of "Does not meet standards" for graduation rates, growth in reading and mathematics, assessment passage or annual measurable objectives shall receive a score of "0" points for each of those categories of indicators.

(D) The overall designations shall be as follows:

(1) A school that receives a rating of "80" points or higher shall receive an overall designation of "Exceeds standards";

(2) A school that receives a rating of at least "40" points but no more than "70" points shall receive an overall designation of "Meets standards";

(3) A school that receives a rating of "30" points or lower shall receive an overall designation of "Does not meet standards."

(E) Not later than December 31, 2014, the state board shall review the performance levels and benchmarks for performance indicators in the report card issued under this rule and may revise them based on the data collected under division (F) of section 3314.017 of the Revised Code.

(F) In the case where a dropout prevention and recovery school as defined in paragraph (A) of this rule also enrolls students in any of grades kindergarten through eighth grade, and for whom there are sufficient data to calculate performance indicators for any of these grades, pursuant to division (A)(1) of section 3302.03 of the Revised Code, such data shall be reported on the school's report card, but not used in determining the school's overall designation.

Effective: 07/03/2014
R.C. 119.032 review dates: 07/03/2019
Promulgated Under: 119.03
Statutory Authority: 3301.07 , 3314.017
Rule Amplifies: 3314.017