Chapter 3301-13 Proficiency Tests

3301-13-01 Defining terms and establishing statewide assessments.

(A) 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:

(1) "Achievement test" means a test, aligned with the Ohio academic content standards and model curriculum, designed to measure a student's level of skill in a specific subject area that is expected at the end of a designated grade and/or is required as part of the Ohio graduation requirement;

[Ohio academic content standards and model curriculum, referenced throughout this rule, can be accessed at education.ohio.gov by entering "academic content standards" in the search box at the top of the page.]

(2) "Alternate assessment" means the use of an assessment instrument other than the Ohio proficiency or achievement tests or diagnostic assessments that meet the requirements of all applicable federal and state laws and rule 3301-13-03 of the Administrative Code;

(3) "Appeal" means a request for a verification or rescoring of a student's responses to a proficiency, achievement, or graduation test in accordance with rule 3301-13-06 of the Administrative Code;

(4) "Breach form" means an equivalent or parallel form of an assessment provided by the state department of education that may be used in lieu of the assessment in limited situations and within a limited time frame;

(5) "Diagnostic assessment" means an assessment aligned with Ohio academic content 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;

(6) "English language proficiency test" means an assessment aligned with Ohio standards for English language proficiency designed to measure the acquisition of English by limited English proficient (LEP) students in kindergarten through grade twelve;

[Ohio standards for English language proficiency can be accessed at education.ohio.gov by entering "Ohio English language proficiency standards" in the search box at the top of the page.]

(7) "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;

(8) "Intervention" means alternative or supplemental instruction or services commensurate with both a student's assessment performance and classroom performance, provided to a student, who failed to attain a proficient score on any achievement test or graduation test, or failed to demonstrate academic performance at grade level based on the results of a diagnostic assessment, 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;

(9) "Limited English proficient" means an individual:

(a) Who is aged three through twenty-one;

(b) Who is enrolled or preparing to enroll in an elementary or secondary school;

(c) Who was not born in the United States or whose native language is a language other than English; or who is a native American or Alaskan native, or a native resident of outlying areas and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or who is migratory, whose native language is a language other than English and who comes from an environment where a language other than English is dominant; and

(d) Whose difficulties speaking, reading, writing, or understanding the English language may be sufficient to deny an individual the ability to meet the proficient level of achievement on proficiency or achievement tests, the ability to achieve successfully in classrooms where the language of instruction is English, or the opportunity to participate fully in society.

(10) "Make-up testing session" means a specified number of calendar days that may be scheduled by a participating school on any one or combination of calendar days following the last day of each regular test administration during which time a student who was absent may take a test not taken during the regular testing session; however, a make-up test may be administered during the regular testing session for the Ohio achievement assessments (OAA) or Ohio graduation tests (OGT), if time allows. A make-up test shall not be administered before the initial test administration during the regular testing session.

(11) "Ohio graduation tests" means the achievement tests [aligned with academic content standards and model curriculum] 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;

(12) "Optional summer testing session" means dates designated by the department of education, during which the test(s) required for graduation, and not yet passed, may be administered to the following:

(a) Any student who was classified as a tenth grader or above by his/her school or district at the end of the preceding school year and who has participated in summer intervention; or

(b) Any student who will be classified as an eleventh grader or above by his/her school or district as of the beginning of the next school year and has participated in summer intervention; or

(c) Any individual who has met all high school curriculum requirements and has not yet passed one or more tests required for graduation.

(13) "Participating school" shall mean any city, exempted village, local, cooperative education, and/or 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 statewide assessments;

(14) "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 proficiency test, achievement test, or alternative assessment;

[Scores can be accessed at education.ohio.gov by first entering "testing statistical summary" in the search box and then clicking on "statistical summaries and item analysis reports."]

(15) "Regular testing session" means the days during the first week (for OGT) and the first two weeks (for OAA) of each test administration period specified by rule;

(16) "School district" means the board of any city, exempted village, local, cooperative education, or joint vocational school district in the state;

(17) "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;

(18) "Statewide test" means any assessment that is provided by the department of education for use in all participating schools in the state;

(19) "Summer intervention" means the ten or more hours of instruction in each test area that a student shall complete before taking any test required for graduation during a scheduled summer test administration;

(20) "Summer remediation" means the instruction developed and offered by a participating school or provider with whom it contracts during the summer for any student who failed to score at least at the proficient level on a third-grade reading achievement test or a diagnostic assessment pursuant to section 3301.0711 , 3301.0715 , 3313.608 , or 3313.6012 of the Revised Code;

(21) "Test administration period" means the dates specified by the department of education for the administration of any proficiency or achievement test in accordance with rule 3301-13-02 of the Administrative Code;

(22) "Tests required for graduation" means the Ohio graduation tests for any student entering ninth grade after July 1, 2003, as required by section 3313.614 of the Revised Code with the exception that a student who entered ninth grade prior to July 1, 2003, may substitute a pass on a particular content area of the Ohio graduation tests for a pass on the same content area of the ninth grade proficiency test; and

(23) "Waiver" means a decision by the superintendent of public instruction pursuant to section 3317.03 or 3314.08 of the Revised Code not to enforce a funding reduction thereby allowing a school district or community school requesting a waiver by June thirtieth to include a student for funding purposes who, for good cause, did not take a required proficiency or achievement test during that school year.

(B) Except as provided in paragraph (K) of this rule, students who earn a high school diploma from any participating school shall pass all tests required for graduation and meet all other curriculum requirements of the high school. A person who fulfilled the curriculum requirement for a diploma prior to September 15, 2000, is not required to pass a proficiency test or Ohio graduation test in science as a condition to receiving a diploma. A student who entered ninth grade prior to July 1, 2003, is not required to pass an Ohio graduation test in any subject as a condition to receiving a diploma once the person has passed a ninth-grade proficiency test in the same subject, so long as the person passed the ninth-grade proficiency test prior to September 15, 2008. For this purpose, the ninth-grade proficiency test in citizenship substitutes for the Ohio graduation test in social studies. If a person entered ninth grade prior to July 1, 2003, but does not pass a ninth-grade proficiency test in a particular subject prior to September 15, 2008, and passage of a test in that subject is a condition for the person to receive a diploma, the person shall pass the Ohio graduation test in that subject to receive a diploma. A student who entered ninth grade after July 1, 2003, is not eligible to receive a diploma based on passage of ninth-grade proficiency tests, and each such student shall pass Ohio graduation tests to meet the testing requirements applicable to that person as a condition to receiving a diploma.

(C) The state board of education shall:

(1) Develop achievement tests aligned with the academic standards and model curriculum for each of the subject areas and grade levels required by section 3301.0710 of the Revised Code;

(2) Adopt a diagnostic assessment aligned with the academic content standards and model curriculum for each of grades kindergarten through three as required by section 3301.079 of the Revised Code;

(3) Require the department of education to furnish required statewide tests to be administered during each designated test administration period established pursuant to rule 3301-13-02 of the Administrative Code;

(4) Determine and designate at least five ranges of scores on each of the achievement tests and a score in at least the proficient range on each Ohio graduation test that shall be deemed to be a passing score on the Ohio graduation test as a condition toward granting high school diplomas as described in section 3301.0710 of the Revised Code;

[Ranges of scores can be accessed at education.ohio.gov by entering "testing statistical summary" in the search box, clicking on "statistical summaries and item analysis reports," and then clicking on "OGT statistical summary."]

(5) Require the department of education to report results following each test administration period within the timeline required by section 3301.0711 of the Revised Code; and

(6) Review periodically and revise as necessary the performance standards for each test subject area at each designated grade.

(D) Each participating school shall administer, at no cost to students, the following statewide tests in accordance with the provisions of rule 3301-13-02 of the Administrative Code:

(1) Administer the kindergarten readiness assessment in literacy in accordance with section 3301.0715 of the Revised Code;

(2) Administer the reading and mathematics diagnostic assessments at least once annually to any transfer student classified by a participating school as enrolled at the kindergarten level according to the following conditions:

(a) If each applicable diagnostic assessment was not administered in the previous district or school; and

(b) If it cannot be determined that the student was administered a diagnostic assessment in the previous district or school.

(3) Administer a writing diagnostic assessment at least annually to any student classified by a participating school as enrolled at the third grade level if the school is in school improvement status as defined in section 3301.0715 of the Revised Code;

(4) Administer the third-grade reading achievement test twice each school year including once in the fall and a second time in the spring. Each participating school shall administer the third-grade reading achievement test in the fall to any student classified by a participating school as enrolled at the third-grade level. Each participating school shall administer the third-grade reading achievement test in the spring to any student who has not attained a score at the proficient level on the fall administration;

(5) Administer the third-grade mathematics achievement test at least once annually to any student classified by a participating school as enrolled at the third-grade level;

(6) Administer the fourth-grade reading, mathematics, and writing achievement tests once each school year to any student classified by a participating school at the fourth-grade level;

(7) Administer the fifth-grade reading, mathematics, social studies, and science achievement tests once each school year to any student classified by a participating school as enrolled at the fifth-grade level;

(8) Administer the sixth-grade reading and mathematics achievement tests once each school year to any student classified by a participating school as enrolled at the sixth-grade level;

(9) Administer the seventh-grade reading, mathematics, and writing achievement tests once each school year to any student classified by a participating school as enrolled at the seventh-grade level;

(10) Administer the eighth-grade reading, mathematics, science, and social studies achievement tests once each school year to any student classified by a participating school as enrolled at the eighth-grade level; and

(11) Administer the Ohio graduation tests:

(a) In reading, mathematics, writing, science, and social studies once annually to any student classified by a participating school as enrolled at the tenth-grade level;

(b) In all five content areas twice each school year to any student classified by a participating school as enrolled at the eleventh-grade level and who has not attained the proficient level of academic achievement expected on any of the Ohio graduation tests;

(c) In all five content areas twice each school year to any student classified by a participating school as enrolled at the twelfth-grade level who has not attained the proficient level of academic achievement expected on the Ohio graduation tests; and

(d) In all five content areas to any individual who is enrolled in an adult high school continuation program or in a course or program leading to the diploma of adult education or to any individual who presents photo identification and an official record of having completed the high school curriculum of a participating school but who has not yet been awarded a diploma pursuant to the provisions of section 3313.61 , 3313.611 , or 3313.612 of the Revised Code.

(E) Any chartered nonpublic school may participate in an achievement testing program if the chief administrator of the school indicates in writing to the superintendent of public instruction prior to the first day of August of any school year in which the tests will be administered that the nonpublic school will comply with all rules adopted by the state board of education in accordance with sections 3301.0710 , 3301.0711 , 3301.0712 , 3301.27 , 3313.61 , 3313.612 , 3313.614 , 3319.151 , and any other applicable section of the Revised Code.

(F) Any chartered nonpublic school with any student enrolled in any grade designated in this rule as a grade at which tests required for graduation are administered shall administer said tests in accordance with the provisions of this chapter.

(G) Any chartered nonpublic school with any student participating in the edchoice program in any grade designated in this rule as a grade at which the achievement assessments are administered shall administer said tests in accordance with the provisions of this chapter, paragraph (C)(2) of rule 3301-11-04 of the Administrative Code, and section 3310.14 of the Revised Code.

(H) 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 tests are required and which tests are not required;

(3) A list or designation of which tests, required or not required, are taken and which tests are not taken at each test administration period;

(4) Score for each test taken, required or not required;

(5) Whether or not each student attained the requisite performance standard designated for each required test;

(6) What if any tests must still be taken;

(7) Whether or not intervention must be provided;

(8) For each test required for graduation, the date passed shall be recorded on a student's transcript. No information shall be on the student's transcript for a test not passed.

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 school previously attended shall provide, immediately upon request by a school official from the enrolling school, all applicable records specified in this paragraph.

(I) Any school district or community school and/or chartered nonpublic participating 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 identified in accordance with paragraph (H) of rule 3301-13-02 of the Administrative Code. For any student who enrolls at a joint vocational school, the school previously attended shall provide up-to-date records, as specified in paragraph (H) 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 (H) of this rule, to the high school from which the student will receive a diploma.

(J) Each joint vocational school district shall administer the Ohio graduation tests as prescribed in paragraphs (D)(11) and (D)(12) of this rule under the direction of the school district and building test coordinators identified in accordance with paragraph (P) of rule 3301-13-02 of the Administrative Code.

(K) Any individual who entered ninth grade prior to July 1, 2003, who has met all curriculum requirements of a participating high school, but did not earn a diploma pursuant to section 3313.61 , 3313.611 , 3313.612 , or 3325.08 of the Revised Code and who subsequently attains the proficient level of academic achievement expected at the end of the tenth-grade on an Ohio graduation test in any subject of any ninth-grade proficiency test not yet passed as prescribed by this rule shall be awarded a high school diploma.

(L) Any individual who is eligible under Chapter 3301-35 of the Administrative Code to receive a high school diploma based in whole or in part on credits earned while an inmate of a correctional or penal institution operated by the state of Ohio or any political subdivision thereof, shall meet the provisions of this rule. Any correctional or penal institution that maintains a chartered high school serving residents or nonresidents shall administer tests required for graduation in accordance with paragraph (D) of this rule and shall comply with rules 3301-13-02 to 3301-13-06 and rule 3301-13-09 of the Administrative Code.

(M) Any student who has met the individualized education program (IEP) developed for the student by an IEP team at a participating high school, who either has taken all the tests or the IEP has excused the student from taking any particular test required for graduation in accordance with rule 3301-13-03 of the Administrative Code, and who has attained at least the score designated to qualify for graduation on any such test not specifically exempted by the IEP shall be awarded a high school diploma.

(N) The department of education may enter into a reciprocal agreement with the appropriate body or agency of any other state that has similar statewide achievement testing requirements for receiving high school diplomas, under which any student who has met an achievement testing requirement of one state is recognized as having met the similar achievement testing requirement of the other state for purposes of receiving a high school diploma. Such an agreement may be executed by the superintendent of public instruction provided the following criteria are met:

(1) The agreement shall be reciprocal; that is, the agreement shall apply both to Ohio's students moving to the other state and to the other state's students moving to Ohio;

(2) The duration of the agreement shall be specified;

(3) Each out-of-state test included in the agreement shall measure a subject area that is the same as or similar to one of the five areas required to be tested in Ohio;

(4) Each out-of-state test included in the agreement shall measure a student's achievement of academic content judged by the superintendent of public instruction, or his/her designee, to be at least as rigorous as Ohio's academic content standards measured by the corresponding tests required for graduation in Ohio; and

(5) The passing standard established for any out-of-state test included in the agreement shall be judged by the superintendent of public instruction, or his/her designee, to be at least as rigorous as the performance standard established for the corresponding test required for graduation in Ohio.

(O) For any student who failed to demonstrate at least a score at the proficient level on an achievement test during the preceding school year, each school district in which the student is enrolled in that school year shall provide appropriate intervention services commensurate with the student's test performance in each such test area including any intensive prevention, intervention, or remediation required under section 3301.0711 , 3301.0715 , 3313.608 , or 3313.6012 of the Revised Code. Following any administration of a practice version of any Ohio graduation test to grade nine students, each participating school or school district that has a three-year average graduation rate of not more than seventy-five percent shall determine for each high school in the district whether the school shall be required to provide intervention services to any students who took the tests.

(1) The district in determining which high schools shall provide intervention services based on resources available shall consider:

(a) Each school's graduation rate and scores on the practice tests; and

(b) Scores received by ninth-grade students on the reading and mathematics achievement tests in the eighth-grade.

(2) Each high school selected to provide intervention services shall:

(a) Provide intervention services to any student whose test results indicate that the student is failing to make satisfactory progress toward being able to attain scores at the proficient level on the Ohio graduation tests; and

(b) Provide the intervention services prior to the end of the school year, during the summer following the ninth grade, in the next succeeding school year, or at any combination of those times.

(P) For any student who attains a score in the limited level of skill range on the third-grade reading achievement test, a school district or community school shall do one of the following:

(1) Promote the student to fourth-grade if the student's principal and reading teacher agree that other evaluations of the student's skill in reading demonstrate that the student is academically prepared to be promoted to fourth-grade;

(2) Promote the student to fourth grade but provide the student with intensive intervention services in the fourth grade; or

(3) Retain the student in third grade.

(Q) Every school district and community school must offer intensive remediation services during the summer following third grade to any student who fails to attain by the end of third grade a score in at least the proficient range on the third-grade reading achievement test.

(R) Results from required statewide tests administered pursuant to this chapter shall be used in accordance with the following provisions:

(1) No results from required statewide tests administered pursuant to this chapter shall be used as the sole basis for determining whether or not to promote a student from grade to grade except as specified in sections 3301.0711 and 3313.608 of the Revised Code; and

(2) A participating school shall use the results of the tests required for graduation only for the purpose of ensuring that any student who receives a diploma attains scores at least at the proficient level of academic achievement required in the test areas designated as graduation requirements.

(S) The rules contained in this chapter shall not be exempted for "excellent" or "effective" districts pursuant to rule 3301-15-02 of the Administrative 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
Rule Amplifies: 3301.0710
Prior Effective Dates: 2-1-88; 1-29-90; 12-1-92; 4-19-94 (Emer.); 8-1-94; 6-8-96; 8-10-00; 8-22-02; 12-21-2007; 6-25-2009

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

(A) In accordance with the following schedule, each participating school shall administer required state assessments to all students pursuant to paragraph (D) of rule 3301-13-01 of the Administrative Code.

(1) Administer the Ohio graduation tests for the first time to students enrolled in tenth grade; the regular test administration period shall begin on the Monday of the week containing March fifteenth; the tests shall be administered in the prescribed order, which is reading, mathematics, writing, science, social studies, one test per day, and on consecutive days; the make-up testing period shall be completed within nine calendar days of the last regularly scheduled test administration date.

(2) Administer the Ohio graduation tests two times during the school year to students enrolled in the eleventh and twelfth grades (and beyond) as follows:

(a) The first regular test administration period shall begin on the fourth Monday in October; the tests shall be administered in the prescribed order, one test per day, and on consecutive days; the make-up testing period shall be completed within nine calendar days of the last regularly scheduled test administration date; and

(b) The second regular test administration period shall begin on the Monday of the week containing March fifteenth; the tests shall be administered in the prescribed order, one test per day, and on consecutive days; the make-up testing period shall be completed within nine calendar days of the last regularly scheduled test administration date.

(3) An optional summer testing session shall begin on the Monday of the week containing June fifteenth and will continue for fourteen calendar days for those students who qualify under paragraph (A)(12) of rule 3301-13-01 of the Administrative Code. Participating schools may begin testing at any time during this session and shall administer the tests in the manner prescribed by the Ohio department of education. All testing must be completed within the designated testing session.

(4) Administer the third-grade achievement test in reading two times annually as follows:

(a) The first test administration period each year shall begin the week containing the first Monday in October and shall last for a period not to exceed five days, which includes the make-up testing period. A participating school may schedule the regular administration of the test on any day of this test administration period, but the regular administration of the test shall occur on the same day throughout all buildings of each participating school as defined in paragraph (A)(14) of rule 3301-13-01 of the Administrative Code; and

(b) The second test administration period each year shall begin not earlier than Monday of the week containing April twenty-fourth and the make-up testing shall be completed by the Friday of the week following the regular test administration. A participating school may schedule the regular administration of the test on any day of this test administration period, but the regular administration of the test shall occur on the same day throughout all buildings of each participating school as defined in paragraph (A)(14) of rule 3301-13-01 of the Administrative Code.

(5) Administer once annually in the prescribed order for each of the following achievement tests:

(a) The third-grade achievement test in mathematics on any day after the administration of the third-grade reading achievement test;

(b) The fourth-grade achievement tests in reading, mathematics, and writing (suspended per HB 1 of the 128th General Assembly);

(c) The fifth-grade achievement tests in reading, mathematics, science, and social studies (suspended per HB 1 of the 128th General Assembly);

(d) The sixth-grade achievement tests in reading and mathematics;

(e) The seventh-grade achievement tests in reading, mathematics, and writing (suspended per HB 1 of the 128th General Assembly); and

(f) The eighth-grade achievement tests in reading, mathematics, science, and social studies (suspended per HB 1 of the 128th General Assembly).

(6) For each of the tests listed in paragraphs (A)(5)(a) to (A)(5)(f) of this rule, the regular test administration period each year shall begin not earlier than Monday of the week containing April twenty-fourth; the make-up testing shall be completed by the Friday of the week following the regular test administration. A participating school may schedule the regular administration of the test on any day of this test administration period, but the regular administration of the test shall occur on the same day throughout all buildings of each participating school as defined in paragraph (A)(14) of rule 3301-13-01 of the Administrative Code.

(7) Administer annually the alternate assessment at all grade levels and content areas to students with significant cognitive disability in accordance with the provisions of paragraphs (A)(4), (A)(5), and (C) of this rule not later than the first day of April of the school year during which the test is administered.

(8) Administer annually the English language proficiency test to limited English proficient students in grades kindergarten through twelve in accordance with the provisions of rule 3301-13-11 of Administrative Code between January second and April fifteenth.

(B) Annually, all students shall be required to take all tests appropriate for their specified grade level during the designated testing or make-up testing periods unless a student is excused from taking a particular test such as an Ohio graduation test in accordance with paragraph (D) of this rule, or for one of the following reasons:

(1) A student has already scored at the proficient level on the Ohio achievement test in grade three reading in October, and, as a result, a participating school has determined that the student is not required to take that test again during the spring administration; or

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

(3) A student has a serious medical emergency caused by circumstances beyond the participating school's control when a student cannot be assessed at any time during the testing session due to a significant medical emergency (e.g. a student is hospitalized due to an accident); 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 up on 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) Annually, all tenth-grade students who are not specifically excused from taking all the Ohio graduation tests in accordance with rule 3301-13-03 or 3301-13-09 of the Administrative Code, shall be required to take, during the designated test administration period in March, all Ohio graduation tests.

(D) Annually, all eleventh-grade and all twelfth-grade students who have not yet attained a score at least at the proficient level on all Ohio graduation tests and who are not specifically exempted from all of these tests in accordance with rule 3301-13-03 or 3301-13-09 of the Administrative Code, shall be required to take, during each designated test administration period, all Ohio graduation tests for which the performance standards have not been met.

(E) Breach forms provided by the department may be administered at the sole discretion of the department of education but in conjunction with the district superintendent in a limited number of situations. The following is a list of situations of test security violations or administration irregularities 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 of education 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.

(F) Breach test forms of the achievement tests for grades three through eight 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.

(G) Breach test forms of the Ohio graduation tests shall be administered to all students within a participating school within a grade level and to subgroups of students within a grade level at a participating school at the sole discretion of the department of education.

(H) Test questions used on breach forms shall not be part of a public record.

(I) 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 of education.

(J) 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 of education 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 of education 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 of education 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 student who are not required to have a state identification code;

(3) The department of education 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 school district and/or participating school must administer the breach form in accordance with all established test administration procedures established by the department of education;

(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 and within one week of the end of the scheduled spring test administration window for the achievement tests for grades three through eight; and

(6) All assessments and assessment materials must be returned to the site designated by the department of education.

(K) There shall be no breach form administered for the fall administration of the third grade reading achievement test or the Ohio test of English language acquisition.

(L) The cost of administering the breach tests shall be shared by the department of education and the participating school or school district when test security violations occur in accordance with paragraphs (E)(3) and (E)(4) of rule 3301-13-02 of Administrative Code.

(M) To facilitate 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 of the 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 of education and by a participating school are followed explicitly by all appropriate staff. In addition, each participating school shall appoint a sufficient number of named examiners and monitors to satisfy the provisions of paragraphs (N)(7) and (N)(8) of this rule.

[Testing procedures can be accessed at education.ohio.gov by entering "rules book" in the search box and clicking on either "rules book link" or "documents and forms for testing and assessment."]

(N) During each test administration period, all assessments 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) During each test administration period, tests shall be administered in the order prescribed by this rule;

(4) No student shall take more than one of the tests required for graduation on any single day;

(5) No student shall take any test more than once during any test administration period unless authorized by the department of education;

(6) Except for accommodations made in accordance with paragraph (N)(12) of this rule or paragraph (H) of rule 3301-13-03 of the Administrative Code, only materials specifically designated by the department of education shall be provided to students and/or permitted in the test administration room during testing;

(7) Each test administration session in each testing room shall be conducted by a licensed staff member or a staff member certificated under sections 3301.071 and 3319.22 of the Revised Code and Chapter 3301-24 of the Administrative Code who is employed by the participating school, is assigned to that testing room as the examiner, and is responsible for following explicitly the printed test administration directions provided by the department of education and 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 of education and established by the participating school;

(8) When the number of students taking any test in an assigned testing room exceeds thirty, additional licensed staff and/or adult volunteers shall be assigned as test monitors to that room in sufficient numbers to ensure that the ratio of examinees to examiners or adult monitors does not exceed thirty to one at any time in any test administration room;

(9) The examiner and all adult monitors assigned to a testing room shall be informed of, and agree to follow, all prescribed test administration and test security provisions; examiners and monitors shall remain in the assigned testing room during the entire administration of any test to assure compliance with paragraphs (N)(7) and (N)(8) of this rule;

(10) Each student shall be allowed as much time as needed to complete each assessment, but no more than two and one-half hours shall be allowed for any assessment, except as required by accommodations made in accordance with paragraph (N)(12) of this rule or paragraph (H) of rule 3301-13-03 of the Administrative Code;

(11) Notwithstanding the provisions of paragraph (N)(10) of this rule, a participating school may establish a test administration schedule that contains less than the maximum total allotted time for each test area, provided that additional time, up to the maximum total amount of two-and-a-half hours designated by this rule, is provided on that same day to any student who was not able to complete the test in the amount of time initially scheduled;

(12) Any student who has been identified by a participating school as being limited English proficient may be permitted the following accommodations during administration of the tests:

(a) Use of dictionaries, including, but not limited to English to primary language and primary language to English; and

(b) Extended time to take each test, up to a maximum of one school day, and each test must be completed within the same school day.

(O) Notwithstanding other provisions of this rule, any high school student, who moves into a school district or a community school in Ohio from another state and whose previously attended school provides an official transcript of the student having passed that state's graduation examination in a test area corresponding to one of Ohio's tests required for graduation, shall be credited with having passed Ohio's test in that area, provided the department of education has a reciprocal agreement in effect with said state, and the school district or participating school follows the procedures established in paragraph (P) of this rule.

(P) At least once annually, the department of education shall post on its website ( education.ohio.gov ) for use by each school district and participating school a list of states with which Ohio has a reciprocal agreement in effect pursuant to the provisions of paragraph (N) of rule 3301-13-01 of the Administrative Code. The list shall also identify, by state, the names of approved test areas. Upon receipt of an official transcript from a school in another state indicating that a student has already passed one or more of the approved tests administered by that state, the school district or participating school shall credit said student with having passed the corresponding test required for graduation. Such credit shall be recorded in accordance with the provisions of paragraph (H) of rule 3301-13-01 of the Administrative Code.

(Q) A make-up testing session may be scheduled on any one or combination of the nine calendar days following the last day of each regular test administration period provided that all provisions of any applicable section of the Revised Code and all provisions of this chapter are met. The make-up testing session for the Ohio achievement tests shall be completed by the Friday of the week following the regular testing session (two weeks). A make-up test may be administered during the regular testing session if time allows; however, a make-up test shall not be administered before the initial test administration during the regular testing session.

(R) A participating school shall administer the Ohio graduation tests during the regular school day for any tenth-grade student.

(S) A participating school may administer any Ohio graduation test outside of the regular school day for any student not identified in paragraph (R) of this rule under all of the following conditions:

(1) A district board of education or governing authority of a community school or of a chartered nonpublic school shall develop a schedule of any alternative administration times with input from diverse members of the school community, including staff, parents and students affected by the action;

(2) A district board of education or a governing authority of a community school or of a chartered nonpublic school shall provide its proposed schedule of alternative administration times to diverse members of the school community, including staff, parents and students affected by the action and conduct a public forum on the matter prior to the adoption of any such a schedule;

(3) Annual notice of any schedule of alternative administration times approved by a school board or governing authority shall be provided to all affected persons, including staff, parents and students, prior to the start of each school year;

(4) Any affected student who enrolls in a participating school after an annual notice of a testing schedule is provided shall be provided with a copy of the schedule of alternative administration times at the time of enrollment;

(5) No alternative administration schedule shall discriminate against students participating in religious observations or in any extracurricular activity approved by a school board or governing authority; and

(6) All test administration provisions contained in this rule and all test security provisions contained in rule 3301-13-05 of the Administrative Code shall be followed.

(T) Any student adversely affected by an adopted alternative administration schedule may file a written complaint with the school district superintendent, head administrator or designee at least fifteen school days prior to the test administration.

The written complaint shall set forth the basis of a potential adverse impact. Within five school days the school district superintendent, head administrator or designee shall provide a response or offer alternative testing arrangements.

(U) Within three school days, a student may appeal an adverse decision of a school district superintendent, head administrator or designee to the state superintendent of public instruction. Upon receiving a complaint, the state superintendent of public instruction shall investigate the complaint, review the school's policy and compliance with the requirements of paragraphs (R) and (S) of this rule. Prior to the test administration, the state superintendent of public instruction shall issue a report and final decision either upholding the decision of the school district superintendent, head administrator or designee or requiring alternative testing arrangements for the student. This report shall be provided to the school district superintendent, head administrator or designee and the person or persons filing the complaint.

(V) 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, or that the school calendar adopted by a school board or governing authority for that year will not permit at least two consecutive weeks in which to complete the regular and make-up testing sessions, 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.

(W) Each participating school shall administer any additional tests and provide any such additional information as may be required by the department of education as part of any research authorized and/or conducted by the department to study the factors that improve education effectiveness in Ohio. This provision includes, but is not limited to, participation in national or international assessment programs for the purpose of establishing national and/or international benchmarks for student achievement.

(X) 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 all of the Ohio achievement tests as specified in paragraphs (A)(4) and (A)(5) of 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.

(Y) Administer once annually for each of the following diagnostic assessments:

(1) A participating school as defined in paragraph (A)(14) of rule 3301-13-01 of the Administrative Code shall administer a reading diagnostic to all kindergarten through grade three students not later than September thirtieth in accordance with division (B)(2) of section of the Revised Code.

(2) A participating school as defined in paragraph (A)(14) of rule 3301-13-01 of the Administrative Code shall administer a writing and mathematics diagnostic assessment in accordance with section 3301.0715 of the Revised Code to the following:

(a) Each student enrolled in a building that has failed to make adequate yearly progress for two or more consecutive school years;

(b) Any student who transfers into the district or to a different school within the district if each applicable diagnostic assessment was not administered by the district or school the student previously attended in the current school year, within thirty days after the date of transfer. If the district or school into which the student transfers cannot determine whether the student has taken any applicable diagnostic assessment in the current school year, the district or school may administer the diagnostic assessment to the student.

(c) Each student enrolled in first or second grade.

(3) A participating school as defined in paragraph (A)(14) of rule 3301-13-01 of the Administrative Code shall administer a writing diagnostic assessment to grade three students in accordance with division (D)(1) of section 3301.079 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
Rule Amplifies: 3301.0710
Prior Effective Dates: 2-1-88; 1-29-90; 12-1-92; 4-19-94; 8-1-94; 6-8-96; 8-10-00; 8-22-02; 12-27-2007; 6/25/2009

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

(A) "Student with disabilities" 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 (January 3, 2005). Such a student within this rule shall be referred to as a section 504 student.

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

(C) All students with disabilities shall take the required assessments established by rule 3301-13-01 of the Administrative Code that are administered to nondisabled students at the designated grades except any student with disabilities who is excused from taking any particular assessment and is required to participate instead in an alternate assessment in accordance with the provisions of paragraph (D) of this rule. For any student with disabilities who takes an assessment that is administered to nondisabled students, the school district shall include that information in the student's IEP, or document that information in writing for a section 504 student, and provide such a student with disabilities with any appropriate accommodations permitted under paragraph (H) of this rule.

(D) A student's IEP team of a participating school, in accordance with Chapter 3301-51 of the Administrative Code, may excuse a student with disabilities from taking any particular assessment that is administered to nondisabled students during any school year. An excused student with disabilities shall participate instead in an alternate assessment approved by the department of education. In accordance with section 3301.0711 of the Revised Code, to the extent possible, students with disabilities shall not be excused from taking a required assessment administered to nondisabled students unless no reasonable accommodation can be made to enable the student to take the assessment. Students with disabilities may be excused and participate instead in an alternate assessment (provided by the department) if either of the criteria stated in paragraph (D)(1) or (D)(2) of this rule applies and if all of the criteria stated in paragraphs (D)(3), (D)(4), (D)(5), and (D)(6) of this rule also apply. (It is anticipated that the number of students who meet these criteria will represent a very small number of the total population of tested students within the participating school.)

(1) A student with disabilities is completing a curriculum that is modified substantially in form and/or substance by the IEP from the general education curriculum [designed to prepare students at this age or grade level to demonstrate knowledge and skills as measured by an assessment administered to nondisabled students at that age/or grade].

(2) A student with disabilities is completing the regular curriculum, but the student has a disability that presents unique and significant challenges such that the student's IEP provides for accommodations in classroom and districtwide tests that do not meet the criteria included in paragraph (H) of this rule.

(3) A student with disabilities has a significant cognitive disability.

(4) A student with disabilities requires instruction focused on the application of state standards through essential life skills.

[State standards can be accessed at www.ode.state.oh.us by entering "academic content standards" in the search box.]

(5) A student with disabilities requires instruction at multiple levels below age or grade level.

(6) A student with disabilities is unlikely to provide valid and reliable measures of proficiency in content areas in a standardized assessment with accommodations that meet the criteria included in paragraph (H) of this rule.

(E) Each excuse made in accordance with paragraph (D) of this rule 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 (January 3, 2005). The reasons for the excuse shall also be documented in the IEP or in writing for a section 504 student including a statement of why the child can not participate in the regular assessment and why this particular alternate assessment selected is appropriate for the child.

(F) For any student with disabilities who is excused and does not take an assessment in accordance with this rule, a student's IEP team of a participating school, in accordance with Chapter 3301-51 of the Administered Code, prior to administration of assessments, shall document in the student's IEP the need for an alternate assessment and include a description of benchmarks or short-term objectives. During that same school year, the participating school shall conduct an alternate assessment and report results according to guidelines established by the Ohio department of education in accordance with applicable state and federal law.

(G) No student with disabilities granted an excuse from taking an assessment prescribed by rule 3301-13-01 of the Administrative Code that is administered to nondisabled students shall be prohibited from taking that assessment. Any student excused from taking that assessment pursuant to this rule who nevertheless takes and meets at least the proficient level of performance on said assessment may be credited on the student's transcript with meeting the required performance standard on the assessment if each accommodation provided meets the criteria provided in paragraph (H) of this rule. Required statewide assessment 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 disabilities: those who take assessments without any accommodation; those who take assessments with accommodations that meet the criteria in paragraph (H) of this rule; and those who are excused under paragraph (D) of this rule who instead take an alternate assessment.

(H) 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 disabilities' IEP, or a participating school shall document in writing for any student with disabilities who was evaluated under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (January 3, 2005), what specific accommodation(s), if any, shall be provided when a student takes any assessment prescribed by rule 3301-13-01 of the Administrative Code. Any student with disabilities who is required to take an assessment may be provided any accommodation that meets all of the following criteria specified in paragraphs (H)(1), (H)(2), (H)(3), and (H)(4) of rule 3301-13-03 of the Administrative Code.

(1) The accommodation is specified in a student with disabilities' IEP and is provided for classroom and districtwide assessments.

(2) The accommodation does not change the content or structure of an assessment; for example, an examiner who reads multiple-choice questions to students shall neither eliminate one or more answer choices provided as part of a question nor convert any open-ended question to a multiple-choice question or cause such a conversion. The following additional examples involving preparation or presentation of an assessment may be appropriate accommodations depending upon the particular needs of a student with disabilities and what type of knowledge or skill is intended to be measured by an assessment:

(a) The preparation of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, in order to facilitate a student's response; for example, if a student cannot follow written directions but can listen and follow oral directions, if a student cannot see or hear, or if a student cannot read:

(i) Provide an assessment in Braille or in large print;

(ii) Provide an assessment by increasing the spacing between items or reduce the number of items per page or line;

(iii) Provide an assessment by highlighting key words or phrases in the directions; or

(iv) Provide an assessment that includes on-task prompts or focusing cues such as arrows or stop signs on an answer form.

(b) The presentation of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, in order to facilitate a student's response, for example, if a student cannot follow written directions but can listen and follow oral directions, if a student cannot see or hear, or if a student cannot read:

(i) Provide an assessment orally or on audio CD (provided by the department);

(ii) Provide an assessment through a sign language interpreter; or

(iii) Provide an assessment by allowing a colored sheet of acetate to be laid over the pages of an assessment document.

(3) The accommodation does not change what type of knowledge or skill that an assessment is intended to measure; for example, examiners are not permitted to read passages from a reading assessment because this would change the assessment.

(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; for example, a scribe shall write only the actual response provided orally by a student with a motor or a learning disability on an assessment measuring particular knowledge or skill, or such a student may need to use a computer or other assistive technology instead of a scribe in order to be able to write responses on an assessment. A spell checker, grammar checker, or calculator on a computer or other assistive technology may or may not need to be disconnected in such a situation, depending upon what type of knowledge or skill is intended to be assessed; for example, if spelling is being measured in a writing assessment, then use of a spell checker is not an allowable accommodation. The following additional examples involving setting, timing, or scheduling of an assessment, or the method of response to an assessment, may be appropriate accommodations depending upon the particular needs of a student with disabilities and what type of knowledge or skill is intended to be measured by an assessment:

(a) The setting of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, to facilitate a student's response; for example, if a student cannot focus on the work in a room with other students, if a student displays behaviors distracting to others, or if a student cannot take an assessment in the same way as it is administered to other students:

(i) Administer the assessment in a small group or individually in a separate location with minimal distractions;

(ii) Provide special lighting; or

(iii) Provide special furniture or acoustics.

(b) The timing of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, to facilitate a student's response, for example, if a student cannot work continuously for the entire length of time typically allowed for an assessment or if a student requires more time to complete an assessment than is typically allowed:

(i) Allow a flexible schedule;

(ii) Extend the time allotted to take an assessment; or

(iii) Allow frequent breaks during an assessment.

(c) The scheduling of an assessment may need to be changed in a particular manner, as set forth in some examples that follow, to facilitate a student's response; for example, if a student takes medication that dissipates over time or if optimal performance is at a certain time of day, or if a student's anxiety level increases dramatically when working in a certain content area such that these assessments should be administered after assessments in other content areas:

(i) Administer an assessment in more than one session;

(ii) Allow assessments to be taken in a different order; or

(iii) Administer an assessment at different times of day.

(d) The method of response to an assessment may need to be changed in a particular manner, as set forth in some examples that follow, to facilitate a student's response, for example, if a student cannot track from an assessment booklet to an answer form, or if a student is not able to manipulate a pencil or other writing instrument:

(i) Allow marking of answers in an assessment booklet rather than on the answer form;

(ii) Allow tape recording of oral responses for later transcription;

(iii) Allow the use of a scribe; or

(iv) Provide copying assistance between drafts.

(I) Any student with disabilities who is excused from taking a required assessment in accordance with paragraph (D) of this rule and instead takes an alternate assessment may be provided accommodations that either meet or do not meet the criteria in paragraph (H) of this rule, depending upon the individual needs of a student as determined by the student's IEP team.

(J) Any student with disabilities who otherwise has completed an IEP program but has not received a diploma due to not having passed any required assessment may take any assessment 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

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; 2-7-00; 8-22-02; 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 assessments.

(A) All assessment questions and all other assessment materials, which are considered part of an assessment, 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 a person knows are part of an assessment.

(B) Except for diagnostic assessments, no assessment, achievement tests for grades three through eight or the Ohio graduation tests, shall be released as a public record.

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

(D) Persons designated as test coordinators for districts or participating schools, in accordance with paragraph (M) of rule 3301-13-02 of the Administrative Code, shall ensure that all assessment security provisions are met while assessment materials remain in a school district or participating school.

(E) Persons designated as examiners, in accordance with paragraph (N)(7) of rule 3301-13-02 of the Administrative Code, shall ensure that all assessment provisions are met while each assessment administration session, including makeup sessions, is in progress and account for all assessment booklets by serial number, all CDs containing English audio and foreign language translations of the assessments, all answer documents, and all tape recorded student responses from the translation sessions received from a building test coordinator, until such time that an examiner returns said assessment materials to the building test coordinator.

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

(G) No unauthorized person shall be permitted to be in an assessment room during any assessment session or be permitted to have access to any secure assessment materials at any time such materials are in a school district or participating school.

(H) Each school district and participating school shall establish written procedures to protect the security of the assessment materials from the time such materials are received in the school district or participating school until they are returned to the district's central collection location and from there shipped to the scoring contractor. Such procedures 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, examiner, monitor, translator, or scribe in a school district or participating school who is authorized to be present in an assessment room during an assessment session, including a makeup session, and/or who is authorized to have access to the assessment materials;

(2) Specification of procedures for handling, tracking, and maintaining security of assessment materials from the time and point of receipt in a school district or participating school until the time and point of shipping to the district's central collection location and from there shipped to the scoring contractor;

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

(4) Specification of procedures for handling, tracking, and maintaining security of the assessment materials collected after the last regular assessment administration session until the return from the school building or participating school to the district's central collection location and from then until the pickup by the shipping to the scoring service provider. These specifications should also include procedures for handling, tracking, and maintaining security of assessment materials collected after the last makeup assessment administration session until the return from the school building or participating school to the district's central collection location and from then until the pickup by the shipping to the scoring service provider;

(5) Specification of a procedure for investigating any alleged violation of an assessment security provision or any alleged unethical testing practice, a procedure ensuring due process for any individual accused, and 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 and/or by any other person assisting a student to cheat;

(6) Specification of a procedure for determining whether or not to invalidate a student's assessment score, which is an action a school district or participating school may take in response to an assessment security violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, an ethical testing practice, this rule, or the school's security procedures, which was caused either by a student and/or by any other person;

(7) Specification of how the written procedures established in accordance with this rule shall be communicated in writing and discussed each school year with all employees of the school district or participating school who have access to the secure assessment materials, with all students enrolled in the school district or participating school who are being tested, and with any other person authorized to be present in an assessment room and/or to have access to any assessment materials.

(I) Any alleged assessment security violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, an ethical testing practice, this rule, or the school's security procedures must be reported to the department of education as soon as it becomes known to the school district or participating school.

(1) Upon receipt of information about an alleged assessment security violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, an ethical testing practice, this rule, or the school's security procedures, the department of education shall call the school district to request the opening of an investigation and shall follow up with a letter to the school district.

(2) All records furnished and information gathered or prepared by the department of education in connection with an investigation into an alleged assessment security violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, an ethical testing practice, this rule, or the school's security procedures shall be considered confidential information. However, this confidentiality does not prohibit the disclosure of records or information to the school district or participating school for the purpose of the district or school conducting the required investigation.

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

(4) After a determination that an assessment security violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, an ethical testing practice, this rule, or the school's security procedures has occurred, a school district board or governing authority of a 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.

(5) Each school district and participating school shall ensure the cooperation of all of its employees in any investigation of any assessment security violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, an ethical testing practice, this rule, or the school's security procedures that are conducted by the department of education pursuant to any allegation or other indication that such an assessment security violation may have occurred.

(6) Prior to commencing an Ohio department of education investigation and taking action as a result of an allegation of an assessment security violation of section 3319.151 of the Revised Code, rule 3301-7-01 of the Administrative Code, an ethical testing practice, this rule, or the school's security procedures by a licensed school employee, the state board of education shall provide the individual with notice of the allegation and an opportunity to respond and present a defense.

(J) By the first of October of each school year, each school district and participating school shall communicate in writing and discuss with all employees who have access to the secure assessment 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 paragraph (H) of this rule. Students and staff shall be reminded orally of these provisions prior to the beginning of each assessment administration period by an assessment coordinator and examiner.

(K) Each joint vocational school district that has executed an agreement with a school district or participating school to administer any assessment pursuant to paragraph (I) of rule 3301-13-01 of the Administrative Code shall comply with all requirements of this rule.

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

3301-13-06 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 committee.

(A) The fairness sensitivity review committee shall review all questions for tests prescribed under section 3301.0710 of the Revised Code pursuant to the requirements of division (F) of section 3301.079 of the Revised Code.

(B) Membership of the 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 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 limited English proficient (LEP) students; 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 that 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.

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

(E) The review shall include, for each question reviewed, an evaluation of all of the following criteria listed in paragraph (E) of this rule. The review shall 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 assessments 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 actually requested by said test question.

(F) Each fairness sensitivity review committee shall review test questions, material, and illustrations only in light of the criteria under paragraphs (E) (1) to (E)(10) of this rule.

(G) Each fairness sensitivity review committee may not judge, rate, or reject test questions on the basis of academic content alignment with Ohio's academic content standards.

(H) Each fairness sensitivity review committee shall review test questions in accordance with paragraphs (E) (1) to (E)(10) of 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;

(3) Rejected from use on tests. If items, test material, or illustrations are rejected, the committee must specifically note which of the specific criteria under paragraphs (E)(1) to (E)(10) of this rule are the basis of this rejection; and

(4) The judgment of each fairness sensitivity committee on any test question that is based upon criteria in paragraphs (E)(1) to (E)(10) of this rule shall be final.

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 , 3301.079
Rule Amplifies: 3301.0710 , 3301.0711 , 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 Establishing provisions for the exemption of first year limited English proficient students and for the allowance of accommodations for limited English proficient students.

(A) A student shall be identified as limited English proficient by a participating school if the student meets all the criteria in paragraphs (A)(1) and (A)(2) of this rule.

(1) The student's primary language is not English, student is aged three through twenty-one and enrolled or preparing to enroll in an elementary or secondary school; and

(a) The student was not born in the United States or whose native language is a language other than English; or

(b) The student is a Native American, Alaska Native, or a native resident of outlying areas and who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency; or

(c) The student is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant; and

(2) Within the each school year (from July first through June thirtieth), the student has been identified in accordance with the English language proficiency standards approved by the department of education as being an individual whose difficulties speaking, reading, writing, or understanding the English language may be sufficient to deny the individual one of the following:

[English language proficiency standards referenced throughout this rule can be accessed at education.ohio.gov by entering English language proficiency standards in the search box at the top of the page.]

(a) The ability to meet the proficient level of achievement on statewide proficiency or achievement tests;

(b) The ability to achieve successfully in classrooms where the language of instruction is English; or

(c) The opportunity to participate fully in society.

(3) A limited English proficient student shall be exited from a participating school's limited English proficient program and shall no longer be identified as limited English proficient when the student has met one of the conditions described in paragraph (A)(3)(a), (A)(3)(b), or (A)(3)(c) of this rule.

(a) The student is in grade three through twelve and has attained the composite score of five on Ohio's approved English language proficiency assessment;

(b) The student is in grades four through twelve and has attained a composite score of four on Ohio's approved English language proficiency assessment, has subsequently completed a trial period of mainstream instruction, and has attained a composite score of four or five on Ohio's approved English language proficiency assessment during the trial mainstream period; or

(c) The student is in grade three and has attained a composite score of four or five on Ohio's approved English language proficiency assessment in grade two, and has attained a composite score of four on Ohio's English language proficiency assessment during the completion of a trial period of mainstream instruction in grade three.

((d) Students in grades kindergarten through two shall not be exited from the LEP program.

Once the student has met the criteria in paragraph (A)(3)(A)(3)(a), (A)(3)(b), or (A)(3)(c) of this rule, the student shall be exited from the program of supplementary limited English proficient services; for example, English as a second language (ESL) instruction or bilingual education; the student's educational management information system (EMIS) record shall be changed by school districts and community schools to show a reclassification from limited English proficient; and the student shall participate in statewide proficiency and achievement testing without accommodations.

(B) A student who is identified as limited English proficient in accordance with paragraph (A) of this rule, who has been enrolled in United States schools for no more than one-hundred and eighty school days and who has not been previously exempted from taking the spring administration of any statewide reading or writing achievement test, shall be granted a one-year exemption from taking any required statewide reading and writing achievement test other than that required to determine English language proficiency.

(C) Each participating school shall adopt a policy and procedures regarding the participation of limited English proficient students in statewide proficiency or achievement tests. Such policy and procedures shall include and be consistent with the provisions of this rule.

(D) For any limited English proficient student who has been enrolled in United States schools for no more than one-hundred and eighty school days and has not previously been exempted from taking the spring administration of any statewide reading or writing achievement test, and prior to such student being granted an exemption from taking any statewide reading or writing proficiency or achievement test, the participating school first shall assess the student's progress in learning English in accordance with the English language proficiency standards approved by the department of education to determine whether the student meets the eligibility criteria for a limited English proficient student as required by paragraph (A) of this rule. Each limited English proficient student shall be assessed annually with Ohio's approved English language proficiency test to provide documentation that the student meets the eligibility criteria for a limited English proficient student as required by paragraph (A) of this rule.

(E) A limited English proficient student who is granted an exemption from taking a reading or writing proficiency or achievement test pursuant to paragraph (B) of this rule and, thus, is not required to take such a test, nevertheless shall not be prohibited from voluntarily taking any such test despite such an exemption.

(F) Except as provided for in paragraph (F) of this rule, the test results of any limited English proficient student who has been granted an exemption from taking a statewide reading or writing proficiency or achievement test pursuant to paragraph (B) of this rule, shall not be included in calculating performance index scores, rates of achievement on local report card indicators established by the state board of education under section 3302.02 of the Revised Code, and adequate yearly progress for school districts and buildings under section division (D) of section 3302.03 of the Revised Code.

[Local report card indicators can be accessed at education.ohio.gov by entering local report card indicators into the search box at the top of the page.]

Notwithstanding an exemption being granted pursuant to paragraph (B) of this rule, and regardless of whether or not such a limited English proficient student actually takes a reading or writing proficiency or achievement test voluntarily despite an exemption, each limited English proficient student shall be counted as having taken the test for purposes of meeting the ninety-five percent participation rate requirement of adequate yearly progress pursuant to division (D) of section 3302.01 and division (D)(2)(c) of section 3302.03 of the Revised Code, provided that each such student's English language proficiency progress has been assessed in accordance with paragraphs (A) and (D) of this rule.

(G) The following accommodations shall be allowed for all limited English proficient students during administration of any proficiency or achievement test:

(1) Use of dictionaries used to support classroom instruction, including, but not limited to, English to primary language and primary language to English; and

(2) Extended time to take each test, up to a maximum of one full school day, with the provision that the test must be completed within the same school day.

(3) An additional accommodation, which shall be provided to any LEP student who has been enrolled in United States schools for less than three full school years (five-hundred and thirty-three or fewer days) and who scores at either the beginning or intermediate level of the English language proficiency standards approved by the department of education in reading and writing, may include one of the types of accommodations specified annually by the department of education for a particular test or grade, such as the following:

(a) Standardized English audio recording of a test [secure: not available by reference];

(b) Examiner reads aloud a test in English instead of using an English audio recording;

(c) Standardized audio recording of a test [secure: not available by reference] translated into one of a number of native languages;

(d) Bilingual interpreter orally translates a test into one of a number of native languages, or

(e) A written bilingual form of a test in Spanish for grades three through eight [secure: not available by reference]. No written form of any graduation test in any language other than English shall be permitted, since passage of all Ohio graduation tests is a requirement for graduation.

(H) When a student can no longer be classified as limited English proficient according to paragraph (A) of this rule, such a student shall take all required statewide proficiency or achievement tests unless excused from taking a test and instead taking an alternate assessment [secure: not available by reference] as specified in the student's IEP in accordance with rule 3301-13-03 of the Administrative Code.

(I) The exemption of a first year limited English proficient student shall not be interpreted to mean that such a student is exempt from meeting all proficiency or achievement test requirements for graduation in accordance with section 3313.61 or 3313.612 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: 8-10-00; 8-22-02; 12-27-2007; 7/23/2010