Chapter 3301-13 Proficiency Tests

3301-13-01 Definitions.

Except as otherwise specified, the definitions contained in rule 3301-7-01 of the Administrative Code and the following definitions are used in Chapter 3301-13 of the Administrative Code.

(A) "Alternate assessment" means the use of an assessment instrument other than the state tests that meet the requirements of all applicable federal and state laws and rule 3301-13-03 of the Administrative Code.

(B) "Appeal" means a request for a verification or rescoring of a student's responses to the state tests as applicable in accordance with rule 3301-13-06 of the Administrative Code.

(C) "Breach form" means an equivalent or parallel form of a test provided by the department that may be used in lieu of the test in limited situations and within a limited time frame.

(D) "Commercial test" means a test developed by a vendor and required by the department for a state program but not owned, developed or copyrighted by the department. These tests follow the requirements set up by the test vendor and agreed upon by the department.

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

(F) "Diagnostic test" means a test aligned with Ohio's learning standards and model curriculum, designed to measure student comprehension of academic content and mastery of related skills for a relevant subject area at each grade level, kindergarten through three, as defined in section 3301.079 of the Revised Code.

(G) "Early learning assessment" means the developmentally-appropriate test aligned with Ohio's early learning and development standards designed to measure a child's growth and development between the ages of thirty-six months and seventy-two months.

(H) "English learner" shall have the same meaning as "English learner" defined in 20 U.S.C. 7801 (2015).

(I) "Individualized education program" (IEP) means a document written for a student with a disability that is developed and implemented in accordance with rule 3301-51-07 of the Administrative Code.

(J) "Intervention" means alternative or supplemental instruction or services commensurate with both a student's test performance and classroom performance, provided to a student who failed to attain a proficient score on any state test, or failed to demonstrate academic performance at grade level based on the results of a state test, including any intensive prevention, intervention, or remediation required under section 3301.0711, 3301.0715, 3313.608, or 3313.6012 of the Revised Code that is designed to help a student meet performance standards. Intervention shall be based on individual student needs.

(K) "Kindergarten readiness assessment" means the developmentally-appropriate test aligned with Ohio's early learning and development standards designed to measure a child's developmental readiness for engaging with kindergarten instruction.

(L) "Ohio English language proficiency assessment" means the test aligned with Ohio standards for English language proficiency designed to measure the acquisition of English by English learners in kindergarten through grade twelve.

(M) "Ohio graduation tests" means the achievement tests prescribed in division (B) of section 3301.0710 of the Revised Code, designed to measure a student's level of academic achievement expected at the end of the tenth grade in writing, reading, mathematics, social studies, and science.

(N) "Ohio's state tests" means the grades three to eight English language arts, mathematics and science tests, and the end-of-course high school tests.

(O) "Optional summer testing session" means dates designated by the department, during which the test(s) required for graduation, and not yet passed, may be administered to any individual who may or may not have met all high school curriculum requirements and to an individual who has not yet passed the grade three English language arts test.

(P) "Participating school" shall mean any city, exempted village, or local school district, cooperative education, joint vocational district, career and technology center, community or chartered nonpublic school, the state school for the blind, the state school for the deaf, any school operated by the departments of youth services or rehabilitation and corrections, or any entity that participates in the state tests.

(Q) "Performance standard" means a score adopted by the state board of education indicative of a particular level of academic achievement at a designated grade for each state test.

(R) "Section 504 plan" means a written statement for a student who has been identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973.

(S) "State test" means any test that is provided by the department for use in all participating schools in the state including the grades three to eight English language arts, mathematics and science tests, end-of-course high school tests, Ohio graduation tests, diagnostic tests, alternate assessments, English language proficiency assessment, kindergarten readiness assessment or early learning assessments.

(T) "Test administration period" means the dates specified by the department for the administration of any state test in accordance with rule 3301-13-02 of the Administrative Code.

Replaces: 3301-13-01

Effective: 4/27/2018
Five Year Review (FYR) Dates: 04/27/2023
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710
Rule Amplifies: 3301.0710 , 3301.0712
Prior Effective Dates: 02/01/1988, 01/29/1990, 12/01/1992, 04/19/1994 (Emer.), 08/01/1994, 06/08/1996, 08/10/2000, 08/22/2002, 12/21/2007, 06/25/2009, 01/26/2013

3301-13-02 Administering required state tests at the designated grades.

(A) Each participating school shall administer the state tests to all students who are enrolled in grade nine for the first time before July 1, 2014 and who are not specifically excused in accordance with the Ohio Revised Code or the Administrative Code as follows:

(1) Administer the Ohio graduation tests:

(a) The administration for persons who may or may not have completed their high school requirements will be provided three opportunities during the school year to take any required Ohio graduation test for which a proficient score has not been obtained. The tests shall be administered in any order. Multiple tests may be administered on one day. The tests will be offered at sites approved by the department;

(b) The testing window for the Ohio graduation tests will be established by the superintendent of public instruction by March first of each year and will be open continuously during the designated window with the exception of the month of August. The open testing window will be available beginning after July 1, 2018 and ending June of 2022; and

(c) The time between administrations of the test for each person is at least 30 school days from the date the person has taken the test in the school year. Each person should receive or obtain targeted intervention services to make satisfactory progress toward passing the test.

(2) Administer the third-grade English language arts test on any day of the test administration period determined by the superintendent of public instruction, as required by section 3301.0710 of the Revised Code as follows:

(a) The fall test administration period each school year shall last for a period not to exceed five consecutive school days, which includes the make-up testing period; and

(b) The summer test administration period each school year shall be optional and shall last for a period not to exceed five consecutive school days. No intervention is required.

(3) Administer once annually in the spring with the test window determined by the superintendent of public instruction, as required by section 3301.0710 of the Revised Code, which shall last for a period not to exceed fifteen consecutive school days, including the make-up testing period. The participating school may schedule the test in any order on any day of the test administration period for each of the following state tests:

(a) The third-grade tests in English language arts and mathematics;

(b) The fourth-grade tests in English language arts and mathematics;

(c) The fifth-grade tests in English language arts, mathematics and science;

(d) The sixth-grade tests in English language arts and mathematics;

(e) The seventh-grade tests in English language arts and mathematics; and

(f) The eighth-grade tests in English language arts, mathematics and science.

(4) Administer the end-of-course high school tests to students who first enrolled in grade nine on or after July 1, 2014. The participating school may schedule the tests in any order on any day of the test administration period determined by the superintendent of public instruction as follows:

(a) The fall test administration period each school year shall last for a period not to exceed ten consecutive school days including make-up testing;

(b) The spring test administration period each school year shall last for a period not to exceed fifteen consecutive school days including make-up testing; and

(c) The summer test administration period shall be optional and shall last for a period not to exceed ten consecutive school days. No intervention is required.

(5) Administer annually the alternate assessment at all grade levels and content areas to students with a significant cognitive disability. The superintendent of public instruction shall designate the test window for the administration of the alternate assessment.

(6) Administer annually the English language proficiency test to English learners in grades kindergarten through twelve. The superintendent of public instruction shall designate the test window for the administration of the English language proficiency test.

(B) All students shall take all state tests appropriate for their specified grade level during the designated test administration unless a student is excused from taking a test for one of the following reasons:

(1) A student scored at the proficient level on the English language arts test in grade three during the fall test window and a participating school has determined that the student is not required to take that test again during the spring administration. This does not, however, prohibit a student from taking the grade three English language arts test in the spring if the student and/or parent requests the student to participate in the test;

(2) A student is properly authorized to take an alternate assessment pursuant to section 3301.0711 of the Revised Code and rule 3301-13-03 or 3301-13-09 of the Administrative Code;

(3) A student has a serious medical emergency caused by circumstances beyond the participating school's control pursuant to section 3301.0711 of the Revised Code; or

(4) A student is enrolled in a subject-area accelerated program in a participating school and is taking a course in high school at an accelerated grade level. The specific test requirements are based upon the number of years that the student has been enrolled in the acceleration program as follows:

(a) During the first year of a student's acceleration, for situations where no test exists at their accelerated-subject grade level, but a test does exist in that subject at their overall-grade level, it will be optional for the district to test the student.

(b) In any year other than the first year of a student's acceleration, for situations where no test exists at their accelerated-subject grade level, but a test does exist in that subject at their overall grade level, the district shall not test the student.

(C) Breach forms provided by the department may be administered at the sole discretion of the department in a limited number of situations. The district shall not use a breach form with any student involved in a potential cheating case. Test score results from the administration of a breach test form will be reported to the participating school at the individual, group and school level as deemed appropriate by the department. The following is a list of situations of test security violations or administration irregularies that warrant the use of the breach form. There may be other situations where the use of the breach form is appropriate and those shall be determined on a case by case basis by the department's office of curriculum and assessment and the district superintendent.

(1) When a participating school receives test materials which are clearly flawed, damaged, missing key information or content; or otherwise contain errors that prevent a valid administration of said tests in that participating school.

(2) When a disruptive or extraordinary event interrupts and prevents a valid administration of a test at a participating school.

(3) If a student or student(s) at a participating school compromise the security of a test prior to or during the administration of a test; and subsequently prevent a valid administration of a test at the participating school as a result of that security compromise.

(4) If any district employee or other individual compromises the security of a test prior to or during the administration of a test; and subsequently prevent a valid administration of a test at the participating school as a result of that security compromise.

(D) Breach forms of the state tests for grades three through eight, end-of-course high school tests, or the Ohio graduation tests shall be administered to a single student or all students within a participating school within a grade level or to large subgroups of students within a grade level at a participating school.

(E) Test score results from the administration of a breach test form will be reported to the district and participating school at the individual, group and school level as deemed appropriate by the department.

(F) The procedure for using the breach form of a test shall follow all the following steps:

(1) The school district or participating school shall report orally, followed up by a written report, the security violation or incident to the department within twenty-four hours or as soon as the district becomes aware of the occurrence of the irregularity at the participating school. The report must be filed with the department within two business days of the incident for the breach form to be a viable option;

(2) The school district or participating school must submit to the department in writing a list of students who will have their scores invalidated for the content area for which the breach form is being used; the content area being invalidated, and the reason for the invalidation. The list must include all the relevant student information including their names or unique state identification code, and the school and district IRNs. Charter nonpublic schools may substitute the student identification code for the state identification code for those students who are not required to have a state identification code;

(3) The department will notify the testing contractor of the need for the breach form and direct the testing contractor to send the required number of breach test forms and materials to the district test coordinator or district designee;

(4) The participating school must administer the breach form in accordance with all established test administration procedures established by the department;

(5) The breach test form administration shall occur within two weeks of the end of all scheduled test administration windows for the Ohio graduation tests, grades three through eight English language arts, mathematics and science, and the end-of-course high school tests; and

(6) All tests and test materials must be returned to the site designated by the department.

(G) There shall be no breach form administered for the fall administration of the third grade English language arts test or the spring administration of the Ohio English language proficiency assessment.

(H) The cost of administering the breach tests shall be shared by the department and the participating school when test security violations occur in accordance with rule 3301-13-02 of the Administrative Code.

(I) To facilitate the test administration at each grade, each school district and participating school shall annually appoint one named person in a school district and one person in each building, as the case may be, whose duties shall be to ensure that all test administration and test security provisions included in Chapters 3301-13 and 3301-7 of the Administrative Code and all testing procedures adopted by the department and by a participating school are followed explicitly by all appropriate staff. In addition, each participating school shall appoint enough test administrators and monitors to satisfy the provisions of this rule.

(J) During each test administration, all tests shall be administered by each participating school in accordance with the following provisions:

(1) All tests and answer documents shall be considered secure and subject to the provisions of rule 3301-13-05 of the Administrative Code and section 3319.151 of the Revised Code;

(2) All test administration rooms shall be selected such that test security provisions can be ensured while student comfort is maximized;

(3) Except for accommodations made in accordance with rule 3301-13-03 of the Administrative Code, only materials specifically designated by the department shall be provided to students and/or permitted in the test administration room during testing;

(4) Each test administration period in each testing room shall be conducted by a staff member who holds a current license, certificate, or permit issued by the department, or a staff member certificated under sections 3301.071 and 3319.22 of the Revised Code and Chapters 3301-23, 3301-24, and 3301-25 of the Administrative Code who is employed by the participating school, is assigned to that testing room as the test administrator, and is responsible for following explicitly the online and paper test administration directions provided by the department, including all security provisions included in Chapter 3301-13 and rule 3301-7-01 of the Administrative Code and all testing procedures adopted by the department and established by the participating school;

(5) When the number of students taking any test in an assigned testing room exceeds thirty, additional staff and/or adult volunteers shall be assigned as test monitors to that room to ensure that the ratio does not exceed thirty students to one test administrator/monitor at any time in any test administration room. The test monitor is not required to meet the criteria stated in this rule. A student may not serve as a test monitor; and

(6) The test administrator and all test monitors assigned to a testing room shall be informed of, and agree to follow, all prescribed test administration and test security provisions. Test administrators and test monitors shall remain in the assigned testing room during the entire administration of any test to assure that security is maintained.

(K) Upon receipt of a written request by a school district superintendent, head administrator or designee with evidence that a participating school has experienced an emergency interruption of the school schedule by events beyond the control of the school that will not permit the designated test window stated this in this rule, the state superintendent of public instruction may approve a modified testing schedule that permits testing to be completed in accordance with the provisions of this chapter.

(L) Any student in grades three through eight, who was retained in the same grade level from one school year to the next school year, shall take the state tests as specified in this rule for the grade level in which the student currently is enrolled, regardless of any score previously received by a student on any such test during a prior school year.

(M) In addition to section 3301.0714 of the Revised Code and Chapter 3301-14 of the Administrative Code, each participating school shall keep records for each student including the following:

(1) A unique state student identification code or a student data verification code in accordance with division (D)(2) of section 3301.0714 of the Revised Code;

(2) A list or designation of which state tests are required and which tests are not taken for each test administration period;

(3) The score and performance level for each state test taken;

(4) Any test that must still be taken;

(5) If intervention must be provided; and

(6) An indication the student has met all high school graduation requirements.

(N) When a student who has taken tests administered pursuant to this rule in a participating school leaves that school to enroll in another participating school, the previously attended school shall provide, immediately upon request by a school official from the enrolling school, all applicable records specified in paragraph (M) of this rule.

(O) Any school district, community school, or chartered nonpublic school with territory in a joint vocational school district may enter into an agreement with the joint vocational school district for the joint vocational school district to administer any test prescribed in this rule provided that any such test administration is conducted in accordance with the provisions of this chapter and under the direction of the school district and building testing coordinators. For any student who enrolls at a joint vocational school, the school previously attended shall provide up-to-date records, as specified in paragraph (M) of this rule, to the joint vocational school. For any student who takes tests required for graduation at a joint vocational school, that joint vocational school shall provide such records, as specified in paragraph (M) of this rule to the high school from which the student will receive a diploma.

(P) Each joint vocational school district shall administer the state tests under the direction of the school district and building test coordinators identified in accordance with this rule.

(Q) Any correctional or penal institution that maintains a chartered high school serving residents or nonresidents shall administer state tests in accordance with this chapter of the Administrative Code.

(R) A student who has been excused from attendance at school for the purpose of home instruction under section 3321.04 of the Revised Code is not required to take state tests. However, both the participating school and the student's parent may mutually agree to allow the student to take any of the state tests. The state tests must be taken under the same rules and procedures as students enrolled in the participating school. If a home-school student is enrolled in a participating school for a course in which there is a state test, the student is required to take that state test. The school district will not issue a high school diploma to a part-time enrolled home school student.

(S) A student who attends a nonchartered nonpublic school is not required to take state tests. However, both the participating school and the nonchartered nonpublic school, or the student's parents may mutually agree to allow the student to take any of the state tests. The tests must be taken under the same rules and procedures as students enrolled in the participating school, with the participating school ultimately making the final decision.

Replaces: 3301-13-02

Effective: 4/27/2018
Five Year Review (FYR) Dates: 04/27/2023
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 02/01/1988, 01/29/1990, 12/01/1992, 04/19/1994, 08/01/1994, 06/08/1996, 08/10/2000, 08/22/2002, 12/27/2007, 06/25/2009, 01/26/2013, 10/27/2013

3301-13-03 Establishing provisions for the participation of students with disabilities in required state tests administered at the designated grades.

(A) "Student with a disability" refers either to a student receiving special education services under Chapter 3323. of the Revised Code in accordance with an individualized education program (IEP) developed pursuant to section 3323.011 of the Revised Code, or to a student who has been identified as having a disability based on an evaluation conducted in accordance with section 504 of the Rehabilitation Act of 1973, 29. U.S.C. 794 (December 10, 2015). Such student within this rule shall also be referred to as a section 504 student.

(B) Each participating school shall adopt a policy and establish procedures regarding the participation of students with disabilities in the required state tests established by rule 3301-13-01 of the Administrative Code. Such policy and procedures shall be consistent with this rule.

(C) Each excusal made in accordance with this rule, and the reason for the excusal, shall be made in a student's IEP developed in accordance with Chapter 3301-51 of the Administrative Code, or documented in writing for a student evaluated under provisions of section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (December 10, 2015). The reasons for the excusal shall include a statement of why the child can not participate in the general education test and why the alternate assessment selected is appropriate for the child.

(D) No student with a disability granted an excusal from taking a test prescribed by rule 3301-13-01 of the Administrative Code that is administered to nondisabled students shall be prohibited from taking that test. Any student excused from taking a test pursuant to this rule who nevertheless takes and meets at least the proficient level of performance on said test may be credited on the student's transcript with meeting the required performance standard on the test if each accommodation provided meets the criteria provided in this rule. Required state test pass rates used to determine school district and building performance shall include, to the maximum extent allowed by state and federal law, all of the results of the following students with a disability:

(1) Those who take tests without any accommodation;

(2) Those who take tests with accommodations that meet the criteria of this rule; and

(3) Those who are excused under section 3301.0711 of the Revised Code and this rule who instead take an alternate assessment.

(E) A student's IEP team of a participating school, in accordance with Chapter 3301-51 of the Administrative Code, shall include in each student with a disability IEP, or a participating school shall document in writing for any student with a disability who was evaluated under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (December 10, 2015), what specific accommodation(s), if any, shall be provided when a student takes any test prescribed by rule 3301-13-01 of the Administrative Code. Any student with a disability who is required to take a test may be provided any accommodation defined by the department that meets the following criteria:

(1) The accommodation is specified in a student with a disability IEP or section 504 plan and is provided for classroom and district tests;

(2) The accommodation does not change the content or structure of a test;

(3) The accommodation does not change what type of knowledge or skill that a test is intended to measure; and

(4) The accommodation does not change or enhance a student's response as to what type of knowledge or skill is intended to be assessed, but it facilitates how the response is provided or accessed.

(F) Any student with a disability who is excused from taking a required test in accordance with section 3301.0711 of the Revised Code and this rule, and who instead takes an alternate assessment, may be provided accommodations that either meet or do not meet the criteria in this rule, unless specifically provided by the department, depending upon the individual needs of a student as determined by the student's IEP team.

(G) Any student with a disability who otherwise has completed an IEP program but has not received a diploma due to not having passed any required test may take any test required for graduation anytime it is administered in any district as set forth in section 3313.611 of the Revised Code.

Replaces: 3301-13-03

Effective: 4/27/2018
Five Year Review (FYR) Dates: 04/27/2023
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 01/29/1990, 12/01/1992, 02/07/2000, 08/22/2002, 12/21/2007

3301-13-04 Establishing provisions for a waiver by the superintendent of public instruction.

(A) Pursuant to sections 3314.08 and 3317.03 of the Revised Code, a school district and/or community school shall not include in its membership for funding purposes a student who in the preceding school year did not take all of the assessments as prescribed by sections 3301.0710, 3301.0711, and 3301.0712 of the Revised Code. Paragraph (B) of this rule provides for a school district and/or community school superintendent, head administrator or designee to request a waiver of this prohibition in order to be able to include in a school district's and/or community school's membership any such student, provided the superintendent of public instruction grants the waiver for that specific student in accordance with the provisions of this rule.

(B) Each year that assessments are administered pursuant to the provisions of this chapter, the a school district and/or community school superintendent, head administrator or designee shall, by the thirtieth of June, submit to the superintendent of public instruction in the manner specified by the department of education any request for a waiver for any such school with a student in its average daily membership who, in that school year, did not take one or more of the assessments as required by rule 3301-13-02 of the Administrative Code.

(C) The superintendent of public instruction may grant a waiver for such an individual for good cause shown, such as a medical condition attested to have prevented the student from taking one or more assessments during any test administration period.

(D) The provisions of this rule shall not be interpreted to mean that any student for whom a waiver is granted is exempt from the assessment provisions of this chapter. Each district and community school is accountable for all such students in accordance with section 3302.03 of the Revised Code.

R.C. 119.032 review dates: 11/01/2012 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 3-30-90; 12-1-92; 8-10-00; 8-22-02; 12/21/2007

3301-13-05 Establishing security and security investigation provisions for tests.

(A) All test questions and all other test materials, which are considered part of a test, including, but not limited to, oral or written directions, reading passages, writing prompts or styles, charts, graphs, maps, and tables shall be considered secure and subject to the provisions of sections 3319.151 and 3319.99 of the Revised Code and to the provisions of this rule prohibiting any person from revealing any specific question and/or materials that are part of a test.

(B) The test materials that are specifically designated as "practice tests" and any test released by the department as a public record in accordance with section 3301.0711 of the Revised Code and this rule are not considered secure.

(C) Persons designated as test coordinators for participating schools, in accordance with rule 3301-13-02 of the Administrative Code, shall:

(1) Ensure that all test security provisions are complied with while test materials remain in a participating school;

(2) Ensure that all test provisions are complied with while each online and/or paper/ pencil test administration session, including makeup sessions, is in progress; and

(3) Account for all test materials, including booklets by serial number, CDs containing translations of the tests, English language proficiency listening and speaking CDs, and answer documents.

(D) No person shall reveal, cause to be revealed, release, cause to be released, reproduce, or cause to be reproduced any secure test materials through any means or medium including, but not limited to, electronic, photographic, photocopy, written, paraphrase, or oral.

(E) No unauthorized person shall be permitted to be in a test room during any test administration session or be permitted to have access to any secure test materials at any time such materials are in a participating school.

(F) Each participating school shall establish written procedures to protect the security of the paper test materials. Such procedures shall include, but not be limited to, the following:

(1) Specification of district procedures for handling, tracking, and maintaining security of test materials from the time and point of receipt in a participating school until the time and point of shipping to the scoring contractor;

(2) Specification of procedures for handling, tracking, and maintaining security of test materials at a site before, during, and after a test administration, including, but not limited to, procedures for accounting for and storing test booklets, answer documents, and all other test materials in a secure location before, during, after, and between test administration sessions;

(3) Specification of building procedures for handling, tracking, and maintaining security of the test materials from the time and point of receipt in a building prior to testing, until after the last regular test administration session when the test materials are returned to the district's central collection location; and

(4) Requirement that not later than seven calendar days after the completion of a test administration period, all nonscorable used and unused test booklets, unused secure answer documents, and any other materials specified by the department, shall be shipped to the specified location in accordance with the directions provided by the designated scoring service provider.

(G) Each participating school shall establish written procedures to protect the security of the online and paper tests in these areas, which shall include, but not be limited to, the following:

(1) Identification of each person by name with a designated title as being either a test coordinator, test administrator, monitor, translator, or scribe who is authorized to be present in a test room during a test administration session, including a makeup session, and/or who is authorized to have access to the test materials;

(2) Specification of a procedure for investigating any alleged violation of a test security provision or any alleged unethical testing practice, including ensuring due process for any individual accused;

(3) Specifications of a procedure for determining an action or actions to be taken in response to any confirmed violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, this rule, or the school's security procedures, including, but not limited to, cheating by a student, anyone assisting a student to cheat, and/or anyone compromising a student's test;

(4) Specification of a procedure for determining whether to invalidate a student's test in response to a test security violation caused either by a student and/or by any other person; and

(5) Specification of how the written procedures will be communicated in writing and discussed each school year with employees who have access to secure test materials, students enrolled in the participating school who are being tested, and with any other person authorized to be present in a test room and/or have access to any secure test materials.

(H) Any alleged test security violation must be reported to the department as soon as it becomes known to the participating school.

(1) Upon receipt of information about an alleged test security violation, the department shall call the participating school to request the opening of an investigation and shall follow up with a letter to the participating school.

(2) Within ten calendar days after the completion of the participating school's investigation, a written report shall be filed with the department delineating the cause and results of the investigation including any corrective action taken.

(3) After a determination that a test security violation has occurred, a school district board or governing authority of a participating school and/or the state board of education may take any action or actions specified in section 3319.151 of the Revised Code or in this rule.

(4) Each participating school shall ensure the cooperation of all of its employees in any investigation that is conducted by the department pursuant to any allegation or other indication that a test security violation may have occurred.

(5) Prior to commencing a department investigation through the office of professional conduct and taking action as a result of an allegation of a test security violation, the state board of education shall provide the individual with notice of the allegation and an opportunity to respond and present a defense.

(I) By the first of October of each school year, each participating school shall communicate in writing and discuss with all employees who have access to the secure test materials and students who are being tested the applicable written security procedures and actions to be taken in response to any violations established pursuant to this rule. Students and staff shall be reminded orally of these provisions prior to the beginning of each test administration period by a test coordinator and test administrator.

(J) Each joint vocational school district that has executed an agreement with a participating school to administer any test pursuant to rule 3301-13-02 of the Administrative Code shall comply with all requirements of this rule.

(K) The rules identified in this section do not apply to commercial tests, as defined in rule 3301-13-01 of the Administrative Code. Districts using commercial tests for state or local purposes are required to follow the rules and procedures established by the commercial test provider.

Replaces: 3301-13-05

Effective: 4/27/2018
Five Year Review (FYR) Dates: 04/27/2023
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 01/29/1990, 12/01/1992, 08/10/2000, 08/22/2002, 12/21/2007, 01/26/2013

3301-13-06 Scoring and reporting assessments.

(A) Each participating school shall ship all assessment materials developed by the department of education to one district specified central collection location within the district and from there ship the assessment materials to a designated scoring location in accordance with the procedures specified by the department of education. These procedures shall include, but not be limited to, the following:

(1) Ohio graduation tests materials shall be processed as follows:

(a) On the next business day after completion of a regular assessment administration period, all completed scorable documents shall be shipped to the district specified location in accordance with the directions provided by the district and from there shipped to the designated scoring service provider site;

(b) On the next business day after completion of a make-up assessment administration period, all remaining scorable documents, in which students completed one or more assessments, shall be shipped to the specified district location in accordance with the directions provided by the district and from there shipped to the designated scoring service provider; and

(c) No later than seven calendar days after the completion of the make-up assessment administration period, all nonscorable used and unused assessment booklets, unused secure answer documents, and any other materials specified by the department of education shall be shipped to the specified location in accordance with the directions provided by the designated scoring service provider.

(2) The achievement tests materials for grades three through eight shall be processed at the conclusion of the regular assessment administration period, all completed scorable documents shall be shipped to the district specified central location in accordance with the directions provided by the district and from there shipped to the designated scoring service provider;

(3) The alternate assessment materials for grades three through eight shall be processed at the conclusion of the administration period with all completed scorable documents shipped to the district specified central location in accordance with the directions provided by the district and from there shipped to the designated scoring service provider; and

(4) The English language proficiency test materials for grades kindergarten through twelve shall be processed at the conclusion of the administration period with all completed scorable documents shipped to the district specified central location in accordance with the directions provided by the district and from there shipped to the designated scoring service provider.

(B) After completion of each make-up assessment administration period, the designated scoring service provider shall send to each school district or participating school reports, which shall include, but not be limited to, the following:

(1) For the Ohio graduation tests, the data files and score reports shall be delivered within sixty days;

(2) For the achievement tests for grades three through eight, the preliminary data files shall be delivered by June fifteenth with the printed score reports delivered by June thirtieth;

(3) For each student assessed, a score for each assessment taken and an indication of which performance standard the student met as determined by standards adopted by the state board of education;

(4) For each assessment, information about each student's performance on each standard assessed;

(5) For each classroom where appropriate, participating school and district, a summary of student performance by grade level for each assessment;

(6) For the alternate assessments, the data files and score reports shall be delivered within sixty days; and

(7) For the English language proficiency tests, the data files and score reports shall be delivered within sixty days.

(C) Each school district and participating school shall adopt a policy and establish procedures for releasing or permitting access to an individual student's assessment results. The policy and procedures shall comply with the provisions of paragraphs (H) and (I) of rule 3301-13-01 of the Administrative Code and with section 3319.321 of the Revised Code.

(D) All results from the assessments shall be used in accordance with the provisions of paragraph (R) of rule 3301-13-01 of the Administrative Code.

(E) If a participating school believes an error has been made in scoring and/or reporting an individual student's results on an assessment, the district superintendent, district test coordinator, head administrator, or designee may appeal by submitting a request for either a verification of an individual student's reported results on an assessment or for a rescoring of a student's responses on an assessment. The procedures for a verification or a rescoring are as follows:

(1) Within thirty days after receiving assessment results, a participating school may appeal by submitting a request for either a verification of an individual student's reported results on an assessment or for a rescoring of an individual student's responses on an assessment:

(a) A verification involves a review of the processing, scoring, and reporting processes to confirm that appropriate standards were applied to the assessment results and that procedures were followed properly; and

(b) A rescoring is an item-by-item reevaluation of a student's responses on an assessment. Compelling evidence that a student's reported score is significantly lower than would have been expected, based either on classroom grades or scores on other standardized tests in the same subject area that were achieved prior to the assessment in question, must be submitted at the time of the request for an assessment to be rescored.

(2) The request shall be submitted to the director of assessment or designee of the department of education, and it shall include the name of the participating school, the school district and school IRN, the name of the student or the student's unique state identification code and grade level at the time the assessment was taken, the month and year of administration of the assessment, the subject area of the assessment, and the rationale for the request. Chartered nonpublic schools may substitute the student identification code instead of the state student identification code for those students who are not required to have a unique state student identification code;

(3) Upon receipt of a request to rescore or verify and a decision by the department of education, the department of education shall notify the scoring service provider who shall complete the rescoring/verification and notify the department within thirty days;

(4) Within two business days after receiving results from the rescoring/verification by the scoring service provider, the department of education shall inform the district superintendent, head administrator, or designee of the results;

(5) No copy of a student's scorable document shall be released prior to July first.

After the first of July following the school year in which an assessment was administered, the district superintendent, head administrator, designee, and/or a student's parent or legal guardian may examine a copy of the scorable document or assessment in a secure setting established by mutual agreement between the department of education and the individual making the request;

(6) The result of a verification and/or rescoring of an assessment cannot be appealed; and

(7) The cost of rescoring an assessment for which the original score was upheld shall be paid by the school district or participating school from which the request for rescoring was submitted. The cost of rescoring an assessment for which the original score was changed shall be paid by the department of education.

(F) The school district or participating school shall submit to the department of education, in the manner the department prescribes, the results of the diagnostic assessments administered under this section, regardless of the type of assessment used under section 3313.608 of the Revised Code.

Effective: 01/26/2013
R.C. 119.032 review dates: 11/01/2012 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 1-29-90; 12-1-92; 8-10-00; 8-22-02; 12/21/2007

3301-13-07 Establishing the provisions and decision procedures for the fairness sensitivity review committees.

(A) Each fairness sensitivity review committee shall review all questions for tests prescribed under sections 3301.0710 and 3301.0712 of the Revised Code pursuant to section 3301.079 of the Revised Code.

(B) Membership of each fairness sensitivity review committee shall consist of not less than twenty and not greater that thirty-five members of each in four grade level bands of tests: grades kindergarten through two, grades three through five, grades six through eight, and grades nine through twelve.

(C) Membership shall be determined by the department.

(D) Membership of each fairness sensitivity review committee shall represent specific groups of educators, parents, and community members as follows:

(1) Educators and/or parents of hearing impaired students; at least one and not more than two members;

(2) Educators and/or parents of visually impaired students; at least one and not more than two members;

(3) Educators and/or parents of English learners ; at least one and not more than two members;

(4) Educators and/or parents of other students with disabilities; at least one and not more than three members;

(5) Educators and/or parents of gifted students; at least one and not more than two members;

(6) Parents of students in each grade band; at least two and not more than five members;

(7) Community members who represent various groups that ensure a culturally diverse representation; at least three and not more than five;

(8) Educators and/or parents who represent all types of schools in Ohio; public, community schools, and nonpublic schools for that grade band;

(9) All regions of the state of Ohio are represented; and

(10) A balance of gender, and ethnicity is represented in the overall committee membership.

(E) The length of membership for each committee member shall be limited to three years.

(F) The review shall include, for each question reviewed, an evaluation of the following criteria to ensure that:

(1) Test questions do not promote or inquire as to individual moral or social values or beliefs;

(2) Test questions do not disadvantage groups of students because of their race, ethnicity, gender or disability;

(3) Diverse cultures are represented in tests and that material used neither offends nor stereotypes any student group;

(4) Test questions do not reflect an improper balance among gender, racial or ethnic groups;

(5) Test illustrations do not reflect an imbalance of physical types and avoid evidence of physical disability;

(6) Test questions do not contain materials understood only by specific cultural groups;

(7) Test questions do not use language that is interpreted differently by members of different groups of students;

(8) Test questions are not offensive or emotionally disturbing to a group of students;

(9) Test questions do not contain directions or scoring guidelines that assist or credit responses more typical of one group of students than another; and

(10) Test question scoring guidelines do not assign the highest possible score to those students who provide more information than requested by said test question.

(G) Each fairness sensitivity review committee shall review test questions, material, and illustrations using the criteria set forth in this rule.

(H) Each fairness sensitivity review committee may not judge, rate, or reject test questions based on academic content alignment with Ohio's learning standards.

(I) Each fairness sensitivity review committee shall review test questions in accordance with this rule and shall judge test questions to be:

(1) Approved for use with no revisions or only minor revisions;

(2) Revised and return to the committee for further review and consideration; or

(3) Rejected from use on tests. If items, test material, or illustrations are rejected, the committee must specifically note which of the specific criteria of this rule are the basis of the rejection.

(J) The decision of each fairness sensitivity committee shall be final.

Effective: 4/27/2018
Five Year Review (FYR) Dates: 2/8/2018 and 04/27/2023
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.079
Rule Amplifies: 3301.0710, 3301.0711, 3301.0712, 3301.079
Prior Effective Dates: 12/21/2007

3301-13-08 [Rescinded] Establishing provisions for an oral administration of the ninth-grade proficiency tests required for graduation.

Effective: 01/26/2013
R.C. 119.032 review dates: 11/01/2012
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 4-19-94 (Emer.); 8-1-94; 8-10-00; 8-22-02; 12/21/2007

3301-13-09 Provisions for an excuse from taking any assessment required for graduation of for an adult with disabilities, or for providing accommodations on any assessment required for graduation for an adult.

(A) For purposes of excusing a student from taking any assessment tests required for receiving a diploma under section 3313.611 of the Revised Code, or for providing accommodations on any assessment required for graduation, the provisions of this rule shall apply only to a student who meets all of the eligibility criteria in this rule.

(1) The student is a person twenty-two or more years of age and enrolled in an adult high school continuation program established pursuant to section 3313.531 of the Revised Code; and

(2) The student is a person with a disability based on an evaluation completed in accordance with the requirements of this rule.

(B) A student who meets the criteria person pursuant to paragraph (A) of this rule or any applicant to a board of education for a diploma of adult education under division (B) of section 3313.611 of the Revised Code may request the board to conduct an evaluation. Upon the request, the board of education to which the request was made shall evaluate the person to determine whether the person has a disability. The evaluation shall be conducted in accordance with paragraphs (C) and (D) of this rule.

(C) An evaluation to determine if an the adult student has a disability shall be accomplished in one or more of the following ways:

(1) By review of an evaluation completed by an Ohio state agency and acceptance of the evaluation, if said evaluation was completed within the past five calendar years, and if deemed appropriate;

(2) By completing an evaluation in accordance with the requirements set forth in 20 U.S.C. section 1400 et seq. (January 2, 2006) known as the Individuals with Disabilities Education Act, or in 29 U.S.C. section 794 (January 3, 2005), known as Section 504 of the Rehabilitation Act of 1973; and

(3) By review of the evaluation data and acceptance of the evaluation, if said evaluation was completed within the past five calendar years, and if deemed appropriate, for a student who was evaluated and determined by a board of education to have a disability while enrolled in a public school or chartered non-public school in Ohio.

(D) Any evaluation completed by a board of education to determine whether an adult student has a disability must include a variety of assessments and be comprehensive and multidisciplinary in nature.

(E) A board of education shall maintain written documentation of all information used to determine any disability.

(F) For a student who has been determined to have a disability, the determination of whether to excuse the person from taking any assessment of the tests required by division (B) of section 3301.0710 of the Revised Code as a requirement for receiving a diploma under section 3313.611 of the Revised Code, or the determination of what accommodations to provide shall be made in accordance with the provisions of rule 3301-13-03 of the Administrative Code.

R.C. 119.032 review dates: 11/01/2012 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 8-8-94 (Emer.); 11-1-94; 2-7-00; 8-22-02; 12/21/2007

3301-13-10 Standard to develop a plan for any accommodation for or an excuse from statewide tests for students with disabilities in chartered nonpublic schools.

(A) The provisions of this rule shall apply only to a student who meets all of the following eligibility criteria:

(1) The student has been identified as a child with a disability based on an evaluation conducted in accordance with section 3323.03 of the Revised Code or section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (January 3, 2005);

(2) The student has been enrolled by the parent in a chartered nonpublic school; and

(3) The student with a disability:

(a) Is not being provided publicly funded special education services; or

(b) Is receiving publicly funded special education services that do not address the academic objectives as measured by any particular assessment.

(B) The chartered nonpublic school shall annually develop a written plan that complies with all of the following:

(1) Addresses the eligible student's needs;

(2) Parents must be included in the development of the written plan;

(3) Any excuse from participation in achievement tests must be made in accordance with rule 3301-13-03 of the Administrative Code and must be specified in the written plan. If a plan developed for a student excuses the student from taking any statewide tests, the chartered nonpublic school may not prohibit the student from taking the tests;

(4) Any accommodation must be made in accordance with rule 3301-13-03 of the Administrative Code and must be specified in the written plan;

(5) Parents must agree to the written plan;

(6) The chartered nonpublic school shall implement the plan; and

(7) The plan and the decision to provide any accommodation for or to excuse a student with a disability from statewide tests shall be reviewed annually.

R.C. 119.032 review dates: 11/01/2012 and 11/01/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 7-28-97 (Emer); 11-27-97; 2-7-00; 8-22-02; 12/21/2007

3301-13-11 [Rescinded] Establishing provisions for the exemption of first year limited English proficient students and for the allowance of accommodations for limited English proficient students.

Effective: 6/23/2017
Five Year Review (FYR) Dates: 04/07/2017
Promulgated Under: 119.03
Statutory Authority: 3301.07, 3301.0710, 3301.0711
Rule Amplifies: 3301.0710, 3301.0711 , 3301.0712
Prior Effective Dates: 8/10/2000, 8/22/2002, 12/27/2007, 7/23/2010