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

(A) The provisions of this rule shall only apply to the ninth grade proficiency tests and shall not apply to the Ohio graduation tests. The provisions of this rule shall apply to any individual who is required to pass the ninth-grade proficiency tests and who meets all of the following eligibility criteria:

(1) Has either completed all high school curriculum requirements or is a second semester senior who is completing any course in which the individual is enrolled during the current, final semester;

[High school curriculum requirements can be accessed at www.ode.state.oh.us by entering “operating standards” into the search box at the top of the page.]

(2) Has taken, but not yet attained a passing score, proficient or above, on any test required for graduation including reading, mathematics, citizenship, or science, and those tests for which the individual has not been excused in that person’s individualized education program (IEP) from attaining said score on any such test pursuant to section 3313.61 of the Revised Code;

(3) Has been identified either as having limited English proficiency or as having maintained a grade point average of at least 2.5 on a 4.0 scale, or the equivalent, in all high school level courses completed in the subject area related to the test not yet passed; and

(4) Has completed at least ten additional hours of intervention activities related to each test area for which oral administration is requested for any individual who already has completed all high school curriculum requirements.

(B) Each school year a participating school may submit a request in writing once each school year to the department of education on behalf of an individual under the following conditions:

(1) The individual meets all the applicable requirements of paragraph (A) of this rule; and

(2) The written request for each individual is submitted in a format as specified by the department of education, and it is accompanied by sufficient documentation from the school that demonstrates that the individual meets all the eligibility requirements of this rule.

(C) Within forty-five days of receipt of the written request and required documentation, the department of education shall, for each individual who meets all eligibility criteria, schedule a time and a site to take one or more of the following four tests: reading, mathematics, citizenship, or science. At each testing session, the questions will be administered orally in accordance with administration procedures prescribed and announced to schools by the superintendent of public instruction. Individuals may indicate their response either orally or in writing. Individuals who are documented as having limited English proficiency and who are taking the mathematics, citizenship, or science test may request in advance, and be provided by the department of education, the assistance of a translator during the administration of any such test.

[Oral administration procedures can be accessed at www.ode.state.oh.us by entering “oral test administration” in the search box.]

(D) If a translator is being used, each test administration will be audio taped by a test examiner to assure fairness to the individual.

(E) The document containing the written record of the individual’s responses shall be signed by the individual and the test examiner. In addition, if a translator is provided, the individual will have the opportunity to verify all responses prior to signing the written record. The test examiner will forward the document for scoring to a location specified by the department of education.

(F) Within fifteen working days after completion of the test administration, the state superintendent of public instruction or designee shall provide results from this testing, in writing, both to the individual and to the school district superintendent or head administrator.

Replaces: 3301-13-08

Effective: 12/21/2007

R.C. 119.032 review dates: 12/21/2012

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